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Mr. Burton’s compensation should take into account Brennan’s
“highest average” ($73,540) and Bean’s median ($68,741) for chief
financial officers as well as the undercompensation acknowledged
by Brennan for 2 years. Denovan’s compensation should take into
account Brennan’s “highest average” ($89,430) and Bean’s median
($81,937) for top sales executives and undercompensation
acknowledged by Brennan for 2 years. Petitioner has not
persuaded us that the undercompensation levels exceeded those
acknowledged by Brennan and thus has failed to meet its burden of
proving greater entitlements.
Using our best judgment on the entire record, we conclude
that, for the fiscal year ended June 30, 1990, reasonable
compensation, including compensation for earlier years, is
$525,000 for Ms. Burton and $160,000 for Mr. Burton. The amount
determined in the same manner for Denovan would exceed the amount
paid to him during that year, and petitioner’s deduction is
limited to the amount actually paid. To take account of these
conclusions,
Decision will be entered
under Rule 155.
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