37 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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