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financial executive should be used to compare with Mrs. Penalba's
salary. Mr. Brennan described the CEO as "the highest paid
position found among survey data", while the top financial
executive was the officer "responsible for the organization's
overall financial plans and policies, along with its accounting
activities and the conduct of its relationship with lending
institutions, shareholders, and the financial community".
Mr. Brennan's calculations were based primarily on data from
the Executive Compensation Service (ECS). Mr. Brennan's report
stated that the total compensation figures were based on the
highest amounts from the non-manufacturing and wholesale
categories, and included both salary and bonus amounts. If the
survey for non-manufacturing companies yielded a higher pay
amount than the survey for the wholesale industry, Mr. Brennan
used the higher number. Mr. Brennan determined what the average
compensation for each job was from the ECS survey and then took
two standard deviations to arrive at his highest maximum amounts.
We find no evidence that Mr. Brennan's conclusions are based
on companies comparable to petitioner. Mr. Brennan's figures,
taken from ECS statistics, are based on broad, general categories
of industries, and not on businesses that are similar to the
business of petitioner in this case. Mr. Brennan based his
calculations on the wholesale industry and used the ECS
statistics for companies with a Standard Industrial
Classification (SIC) code for a trader in "nondurables, apparel,
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