- -20 creditors. Mr. Dubner's interest was not in the reasonableness of salaries paid to officers, but rather the capital of the company. Mr. Dubner's testimony, therefore, is of little, if any, value on the issue of reasonable compensation. His interest was solely whether the 1990 officers' compensation paid by petitioner would adversely affect petitioner's ability to pay its bills. Petitioner's accountant, Mr. Blumberg, was called as a witness by petitioner to testify as to the reasonableness of the Penalbas' compensation. The Court ruled that consideration of Mr. Blumberg's testimony would be limited to the financial data he had prepared. Mr. Blumberg utilized the Robert Morris Associates 1990 Annual Statement Studies (RMA). The RMA is heavily relied on by credit managers and officers at banks, factors, and trade creditors. The RMA lists comparables by their Standard Industrial Classification (SIC) code. Mr. Blumberg utilized the SIC code 2257, which includes operations that are "establishments primarily engaged in knitting weft (circular) fabrics or in dyeing, or finishing weft (circular) knit fabrics." This definition includes converting operations. Mr. Blumberg determined that it was inappropriate to classify petitioner as an apparel maker, fabric producer, or distributor, because these operations produce woven fabrics that are rarely produced in the U.S. and are generally produced on a much greater scale than knit fabrics. In comparison with woven fabric operations, operationsPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011