- 35 -
also reject the opinion of an expert witness in its entirety.
Palmer v. Commissioner, 523 F.2d 1308, 1310 (8th Cir. 1975),
affg. 62 T.C. 684 (1974); Parker v. Commissioner, supra at 562-
565.
Respondent relies on the opinions of E. James Brennan III
(Mr. Brennan), the president of a personnel and pay practice
consulting firm. Using statistical analyses that compared the
ratios of CEO compensation to total sales based on survey data
collected by the Wyatt Executive Compensation Service (ECS), Mr.
Brennan concluded that the following is the highest maximum
compensation to which Mr. Ruf was entitled for each of the years
indicated:
Year Ended Maximum Compensation
Feb. 28, 1989 $389,760
Feb. 28, 1990 368,190
Feb. 28, 1991 914,490
We are unwilling to rely on Mr. Brennan's analyses or his
opinions. One of the principal problems we have with his anal-
yses is that we are not persuaded that the ECS survey data on
which they were based are data obtained from companies that are
comparable to petitioner. For example, Mr. Brennan used data he
obtained from the broad category of retail trade, rather than a
narrower category of retail home centers. In fact, there is no
evidence that a single home center was included in the survey
data on which Mr. Brennan relied. Moreover, although petitioner
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