- 23 - Commissioner, 102 T.C. 149, 186 (1994); Parker v. Commissioner, 86 T.C. 547, 562 (1986). Respondent presented the reports and testimony of Francis X. Burns of the IPC Group, LLC. (IPC). Mr. Burns and IPC specialize in valuing intellectual property and intangible assets and in transfer pricing issues. Mr. Burns chose 11 "peer group" companies and then compared the net sales, average gross margin, and number of employees of those 11 "peer group" companies to petitioner. After determining that Mr. Bennett's position most resembled a chief executive officer (CEO) and that Mr. Sokol's position most resembled a chief operating officer (COO), Mr. Burns then compared the CEO's and COO's of his "peer group" to Messrs. Bennett and Sokol. The criteria Mr. Burns used to compare Messrs. Bennett and Sokol to his "peer group" were limited, however, to age, number of years of industry experience, and various positions held by the executives. At trial, Mr. Burns testified that he did not specifically consider whether Messrs. Bennett or Sokol had duties more expansive than the traditional CEO and COO, nor did he consider the relative values of each executive to petitioner. Mr. Burns concluded that a reasonable compensation for Mr. Bennett would be the average of the interquartile range6 of the 6The interquartile range is the range of values encompassing the middle 50 percent of a sample group.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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