PMT, INC. - Page 26

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          to the business, and that they did not need an incentive plan to            
          perform well.                                                               
               Mr. Penalba testified that he assisted in development of the           
          plan and thought that it was adequate to maintain the performance           
          of the company.  Mr. Penalba did not know how it was calculated,            
          nor did he know the specifics of the plan.  Based on the record             
          in this case, it is clear that the plan was not the major                   
          incentive for the work output of either Mr. or Mrs. Penalba                 
          during the year at issue.                                                   
               It is also clear from the record that petitioner paid its              
          other employees at least on par with, if not slightly better                
          than, other companies in the industry.  Mr. Rubino, the                     
          production manager for petitioner during the year at issue, and a           
          salesman for petitioner at the time of trial, and the only                  
          employee of petitioner other than the Penalbas to testify in this           
          case, received a salary of $58,175, along with a company car,               
          certain other bonuses, and health care for his family.  Mr.                 
          Rubino testified that he was better paid than others at the same            
          level in the industry.  The record also indicates that petitioner           
          paid its salesmen, who served as either independent contractors             
          or employees, well, during the year at issue.  The only evidence            
          as to the compensation of the other employees of petitioner is              
          their respective salaries.  Petitioner did not provide a pension            
          plan for its employees during the year at issue, but the evidence           
          indicates that it was other employees of petitioner and not the             




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Last modified: May 25, 2011