Guy Schoenecker, Inc., Business Incentives, Inc., and Carousel By Guy, Inc. - Page 30

                                                 - 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, based                               



Page:  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