Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 37

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          Commissioner, T.C. Memo. 1993-298; Diverse Indus., Inc. v.                  
          Commissioner, T.C. Memo. 1986-84; Owensby & Kritikos, Inc. v.               
          Commissioner, T.C. Memo. 1985-267.  Probably the greatest flaw in           
          his methods, as we have often stated, is that he does not base              
          his conclusions on comparable businesses:  perhaps it would have            
          been too difficult to get information about insulation                      
          contractors in particular, but industry services--as opposed to,            
          say, building contractors--is far too broad.  In addition, we               
          note that the method presents a serious risk of bias:  the data             
          come from 643 out of 2,737 U.S. companies that chose to reply to            
          questionnaires.  Mr. Brennan's method purports to depend on the             
          highest compensation actually paid by other businesses, but                 
          Executive Compensation Service, in producing its reports,                   
          excludes "outliers" that cannot be explained by its equations.17            
               Despite our difficulties with Mr. Brennan's methods, we note           
          that respondent continues to rely on Mr. Brennan to argue that              
          Mr. Munro was not entitled to compensation exceeding $300,000,              
          or, if we conclude that he rendered exceptional service as a                
          chief executive officer, $400,000.  We agree with respondent that           
          Mr. Munro was not a truly superlative chief executive officer in            


          17We have trouble understanding the significance of Mr.                     
          Brennan's use of "standard deviations" in this context.  He                 
          admitted that his data are asymmetrical and do not display the              
          percentage of outliers at distances of more than one or two                 
          standard deviations from the mean that one would expect from a              
          bell-shaped curve; i.e., that the distribution of the population            
          is not normal.                                                              




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