PMT, INC. - Page 29

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          is nothing in this record to show directly  the percent of sales            
          of the cotton/Lycra fabric that Mr. Penalba would have received             
          in an arm's-length transaction because he was the developer of              
          the fabric.  However, some of petitioner's salesmen were paid a             
          commission of 4 percent for their selling activities.  Based on             
          this fact, we conclude that in an arm's-length transaction                  
          petitioner would have paid Mr. Penalba approximately 4 percent of           
          the sales of cotton/Lycra fabric in its fiscal year 1990, and               
          hold that this amount would be $400,000.  We, therefore, hold               
          that total reasonable compensation to Mr. Penalba by petitioner             
          in its fiscal year 1990 is $1,071,200.                                      
               The record shows that Mrs. Penalba worked 60 to 80 hours a             
          week, but does not show any other extraordinary contribution she            
          made to petitioner.  In fact, from her testimony it appears that            
          she was not knowledgeable with respect to some of petitioner's              
          activities about which a chief financial officer would be                   
          expected to be knowledgeable.  There is nothing in this record to           
          indicate that reasonable compensation for Mrs. Penalba would be             
          in excess of the amount determined by respondent, except the                
          testimony of respondent's expert witness that reasonable                    
          compensation for Mrs. Penalba was $209,520 for petitioner's                 
          fiscal year 1990.  For reasons heretofore stated, we do not                 
          accept the opinion of respondent's expert because of its being              
          based on noncomparable data.  However, we shall accept the                  
          $209,520 as reasonable compensation for Mrs. Penalba's services             




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