Leonard Pipeline Contractors, Ltd. - Page 24

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           reasonable range for Mr. Leonard's 1987 base salary was $180,000-                              
           $200,000; a reasonable range for his 1987 bonus was $1,200,000-                                
           $2,000,000.                                                                                    
                 Mr. Kesner is an expert specializing in compensation matters                             
           for Arthur Andersen in Chicago.10  He concluded that Mr. Leonard’s                             
           1987 compensation was reasonable for three alternative reasons: (1)                            
           Mr. Leonard was undercompensated by $2,005,000-$2,700,000 in prior                             
           years; (2) the compensation was a deal bonus for locating and                                  
           delivering profitable business opportunities; and (3) part of the                              
           bonus was a lump-sum payment in lieu of a formal retirement plan.                              
           Mr. Kesner used survey data, and assumed revenues of $40 million for                           
           each of the years.                                                                             
                 We are unpersuaded by the analyses performed or opinions                                 
           expressed by either respondent’s or petitioner’s experts.  As in                               
           previous cases, we do not accept Mr. Brennan's conclusions because                             
           they are not based on data from businesses that are sufficiently                               
           similar to petitioner’s or that have the significant characteristics                           
           of a specialized industry.  Messrs. Wagner and Kesner were also                                
           unconvincing because they were not objective and simply promoted                               
           petitioner’s position.  See Laureys v. Commissioner, 92 T.C. 101,                              
           129 (1989).  We do not accept their conclusions.                                               




                  10    Mr. Kesner was not involved in Arthur Andersen's 1987                             
            advice to Mr. Perks and petitioner.                                                           





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