- 33 - 5.75 percent of the bonuses was paid to Dudley, Freese, and Barrett and 82.75 percent was paid to Choate, which is about in proportion to their stock ownership. We disagree. We think a more likely view of this is that Choate's sale of his stock in petitioner to Dudley, Freese, and Barrett reflects Choate's assessment of their contribution to petitioner. Likewise, petitioner probably paid them about that portion of the bonuses because Choate continued to have the same assessment of them. We believe Choate set their bonuses based on his assessment of their work, not based on their stock ownership. Choate credibly testified that the bonuses were for services rendered and were not based on stock ownership.3 He rejected a plan which Dudley, Freese, and Barrett suggested to him to split profits based on stock ownership and split the excess equally four ways after a certain target was achieved. Although Dudley and Freese testified that they believed that the bonuses were based on stock ownership, they also testified 3 Choate decided how much stock he would allow Dudley, Freese, and Barrett to buy from him.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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