- 27 - Appropriate Compensation for Mr. Bennett Direct Pension Profit Total Actually FYE Compensation Plan Sharing Compensation Paid Difference 7/29/90 $1,146,800 $126,100 $899,900 $2,172,800 $2,030,000 $(142,800) 7/28/91 810,000 132,400 1,292,800 2,235,200 2,030,000 (205,200) 8/02/92 1,140,300 139,000 729,700 2,009,000 2,050,200 41,200 Total $3,097,100 $397,500 $2,922,400 $6,417,000 $6,110,200 $(306,800) Appropriate Compensation for Mr. Sokol Direct Pension Profit Total Actually FYE Compensation Plan Sharing Compensation Paid Difference 7/29/90 $513,400 $327,000 $300,000 $1,140,400 $670,000 $(470,400) 7/28/91 511,400 343,300 430,900 1,285,600 670,000 (615,600) Total $1,024,800 $670,300 $730,900 $2,426,000 $1,340,000 ($1,086,000) Although we do not rely solely on Mr. Gallagher's conclusions in this regard, we do find his qualifications in the area of executive compensation superior to those of Mr. Burns. In addition, Mr. Gallagher contemplated many of the same factors considered by this and other courts in developing his compensation plan for Messrs. Bennett and Sokol. Therefore, we find his conclusions regarding the reasonable compensation of Messrs. Bennett and Sokol persuasive. 8. Compensation Paid in Prior Years An employer may deduct compensation paid to an employee in a year although the employee performed the services in a prior year. Lucas v. Ox Fibre Brush Co., 281 U.S. 115, 119 (1930); see also R.J. Nicoll Co. v. Commissioner, 59 T.C. at 50, and the cases citedPage: 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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