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companies. In both 1991 and 1992, Ferguson's total compensation
(sales commissions, salary, and bonus) exceeded the compensation
paid to all but one of the CEO's of the 12 companies that
petitioner's expert selected as comparable companies.
We also do not agree with Otto's analysis regarding the
division of Ferguson's duties between CEO and salesman. Otto
limited his analysis to Ferguson's duties and compensation as
CEO. Otto testified that the amount of time Ferguson spent as a
CEO versus the time he spent as a salesman was irrelevant as long
as Ferguson performed the duties required by petitioner. We are
not convinced that Ferguson effectively filled the role of a
full-time CEO. Ferguson spent much of his time serving
petitioner as a salesman.
As for respondent's expert, we again question whether the
companies selected as comparable companies are indeed comparable.
The companies selected by Fuller were not necessarily in
petitioner's line of business, and they were not comparable to
petitioner in terms of size. The net sales for the comparable
companies selected by Fuller ranged from $50,040,000 to
$1,124,130,000 for 1990, $50,260,000 to $1,150,070,000 for 1991,
and $42,610,000 to $1,156,200,000 for 1992. Petitioner's net
sales during the years in issue ranged from a low of $24,769,390
in 1991 to a high of $25,219,920 in 1990.
Fuller viewed Ferguson's compensation as a single package
without considering Ferguson's sales duties. The focus should
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