-10- First, there was little doubt that Mr. Leonard was essential to petitioner's success from its inception and indispensable to petitioner's business. Moreover, he personally guaranteed petitioner’s $1.5 million debt to the Royal Bank of Canada, which was crucial to the All American Pipeline project. See Owensby & Kritikos, Inc. v. Commissioner, 819 F.2d 1315, 1325 n.33 (5th Cir. 1987), affg. T.C. Memo. 1985-267. Although during 1987 Mr. Leonard was in the process of retiring and petitioner's only activity was to report previously earned income, these facts were inconsequential in light of Mr. Leonard's experience and past services. Second, both parties relied upon expert testimony and written opinions for purposes of determining external comparison. The range of figures offered by these experts was unreasonably disparate. Respondent's expert, Emmett James Brennan III, determined the highest average amount of total compensation for Mr. Leonard for 1987 to be $160,710. He also determined that in the event we concluded that Mr. Leonard was entitled to a retirement benefit, an additional $167,450 should be allocated for that benefit. One of petitioner's experts, Michael Wagner, offered a $180,000 to $200,000 range for Mr. Leonard's 1987 base salary and a $1.2 million to $2 million range for Mr. Leonard's 1987 bonus. Petitioner's other expert, Michael Kesner, concluded that the total amount of compensation petitioner paid Mr. Leonard in 1987 was reasonable because, according to Mr. Kesner, among other reasons,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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