- 24 - "peer group" CEO's, or $482,807, $532,621, and $622,714 for fiscal years 1990, 1991, and 1992, respectively. Using similar techniques, Mr. Burns provided estimates of Mr. Sokol's reasonable compensation for fiscal years 1990 and 1991 of $354,163 and $382,330, respectively. Relying on Mr. Burns' report, respondent essentially argues that Messrs. Bennett and Sokol are entitled to no more than the industry average. We do not find this argument persuasive. The regulations promulgated under section 162(a)(1) direct a comparison of salaries paid by similar businesses to similar employees under similar circumstances. Sec. 1.162-7(b)(3), Income Tax Regs. However, section 162 is "not designed to regulate businesses by denying them a deduction for the payment of compensation in excess of the norm" in cases where other factors call for higher compensation. Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. at 1162. Respondent also introduced the report and testimony of Sigmund Wesolowski. Mr. Wesolowski was the former president of Pandora, Inc. (Pandora), a manufacturer, seller, and distributor of sportswear. Respondent argues that Pandora and petitioner were similar companies and that Mr. Wesolowski and Mr. BennettPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011