- 17 - Respondent argues that we should not apply Jones' formula because Chicago Title is not an independent escrow firm like petitioner. We find no reason to believe that the compensation structure for an escrow officer in an independent firm would be significantly different from one used in a title insurance company. In addition, respondent concedes that its experts' compensation formulas for independent firms are similar to that described by Jones. Respondent called as its expert witnesses Dave Brooks and Michael Haas, who collaborated on a report that provided five formulas to determine Kleindienst's compensation. Dave Brooks is president, chief executive officer, and majority shareholder of a multibranch, independent escrow firm that generates an average of $3 million in gross receipts. Michael Haas is an accountant who performed accounting services for 42 independent escrow firms during the years in issue. The five formulas are based on their experience and represent compensation plans common in the independent escrow industry. Each formula assigned an arbitrary amount of $12,000 as compensation for Kleindienst's duties as a corporate officer. The average compensation from the five formulas was $300,000. Respondent conceded this amount as reasonable compensation for Kleindienst. While two formulas provided by respondent resemble Jones' formula, we are not satisfied that respondent's proffered formulas accurately reflect the value of Kleindienst's marketingPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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