The Escrow Connection, Inc., A.K.A. The Escrow Connection - Page 17

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               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 marketing            



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