- 12 -12 industry. See Miller Box, Inc. v. United States, 488 F.2d 695, 705 (5th Cir. 1974). Indeed, the record supports the finding that sales remained Ferguson's focus during the years in issue. Ferguson's customer contacts and his familiarity with the steel industry made him a valuable salesman and sales manager. Ferguson traveled, met with clients, and supervised 10 of petitioner's super salesmen. Although the salesmen that Ferguson supervised could contact him in the evenings, as well as on weekends, petitioner presented no evidence that Ferguson worked an inordinate number of hours. 2. External Comparison We also compare the employee's salary with the salaries paid by similar companies for similar services. Sec. 1.162-7(b)(3), Income Tax Regs. Both parties offered expert testimony as to what a like company would pay for like services. Both experts considered surveys of financial data on numerous companies. A. Petitioner's Expert Petitioner presented the testimony of James M. Otto (Otto). Otto compared the compensation paid to the chief executive officers of 12 publicly traded companies to the salary and bonus paid to Ferguson. Otto did not include Ferguson's commissions from sales when determining the reasonableness of Ferguson's compensation as CEO. Otto reasoned that since Ferguson was paid sales commissions on the same commission structure as petitioner's other salesmen and since Ferguson's duties asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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