Tricon Metals & Services, Inc. - Page 12

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             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 as                                           




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