- 28 - We disagree with the various contentions of both parties. However, we believe that petitioner's positions regarding the fiscal years for which it paid the compensation accrued under the 1987 deferred compensation arrangement and for which it paid the compensation during its fiscal year ended February 28, 1990, are more consistent with the record herein than are respondent's positions concerning those matters. Specifically, based on our examination of the entire record before us, we find that petitioner awarded most of the $933,333 it paid to Mr. Ruf pursuant to the 1987 deferred compensation arrangement as compensation for services he performed during its fiscal year ended February 28, 1987, and the balance of that amount as compensation for services he provided during its fiscal years ended February 29, 1988, and February 28, 1989. The 1987 deferred compensation arrangement provided in pertinent part that Mr. Ruf "has been required and continues to be required to render services substantially in excess of those which would ordinarily be required" and "has, in his capacity as president and chief operating officer, provided extraordinary leadership and ability as evidenced by the Corporation's [petitioner's] current operat- ing profits and steadily improving financial position". That petitioner awarded substantial additional compensation to Mr. Ruf for services he provided during its fiscal year ended FebruaryPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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