35 indicates that he actually did so in 1986-87. The record does not indicate that Mr. Munro devoted any more than minimal time to petitioners' affairs during the years in question. Moreover, the record indicates a sharp rise in Mr. Munro's compensation for 1987 without any concomitant growth of the associated enterprises. This factor supports allowing a deduction for payments to Mr. Munro of no more than the normal pay of a chief executive officer in the industry. (b) External Comparison This factor requires a comparison of the employee's compensation with that paid by similar companies for similar services. Elliotts, Inc. v. Commissioner, supra at 1246. Courts often regard this as the most important factor and receive testimony on the subject from competing experts. In these cases, however, we have only the testimony of respondent's expert, E. James Brennan III (Mr. Brennan). As we have previously noted, Mr. Brennan is no stranger to this Court in that capacity. Mad Auto Wrecking, Inc. v. Commissioner, T.C. Memo. 1995-153. The method that Mr. Brennan has used to try to determine reasonable compensation for Mr. Munro is similar to Mr. Brennan's method in other recent cases. Mr. Brennan uses data published in executive compensation surveys to derive equations relating total revenues of a business to the compensation paid to its officers.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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