- 8 - July 31, 1989, petitioner paid its 21 employees, other than Kleindienst, a total of $457,291 in salary, commission, and bonuses; for the year ended July 31, 1990, petitioner paid its 23 employees, other than Kleindienst, a total of $485,306. Thus, Kleindienst's compensation exceeded the combined compensation of petitioner's other employees by $127,419 and $79,494, respectively. Respondent determined $142,852 and $156,610 as reasonable compensation for Kleindienst for taxable years ended July 31, 1989 and July 31, 1990, respectively, and disallowed petitioner's claimed deductions for the excess. At trial, respondent conceded that compensation of approximately $300,000 per year would be reasonable. OPINION Before addressing the reasonableness of Kleindienst's compensation, we consider the admissibility of two stipulated exhibits offered by respondent. The first exhibit is a published survey of owners' compensation; the second is a published survey of executive compensation. Petitioner raised two objections to the exhibits. In the stipulation of facts, petitioner reserved hearsay objections. No testimony at trial involved the exhibits, but respondent relied on the exhibits in its brief. Petitioner did not renew the hearsay objections or discuss them in its initial or reply briefs. Therefore, we consider the hearsay objections reserved in the stipulation of facts abandoned.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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