Leonard Pipeline Contractors, Ltd. - Page 10

                                        -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,           




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