- 30 - bonuses resulted in a bonus which apparently Mr. Schoenecker considered too high in an uncommonly good year for BI, the formula was changed to reduce the bonus base. Since a reasonable salary is one that would be agreed to in arm's-length negotiations, the amount paid for comparable work by comparable companies is a very important factor in determining reasonable compensation. In a competitive market for a CEO the going salary paid by a comparable business to a CEO would set a pattern for negotiations. Experts for each party testified in the case and used various statistics to support the opinions given. One of petitioner's experts, Mr. Locke, relied on materials from the advertising industry, which even he admitted were not representative of petitioner's business. We have set forth the statistics Mr. Locke used, since the figures themselves show that some of the companies were ten times the size of BI. Also, the record shows the businesses were different from and more complex than BI's business. The record is clear that the advertising companies are not a good comparison to BI. However, even the 75-percentile regression estimate of these advertising companies, which was used in effect as an average, was except for 1 year less than $1 million for the CEO, and in the 1 year just slightly over $1 million. In order to attempt to justify Mr. Schoenecker's salary, petitioner's expert made adjustments to the salaries paid to advertising executives for retirement and other fringe benefits. In our view, the testimony of Mr. Locke, basedPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011