-18- believed a $100,000 bonus was appropriate and reasonable to reflect Mr. Leonard's personal efforts at securing the All American Pipeline contract and guaranteeing the loan to the Royal Bank of Canada, as well as his development of the pipeline insulation process. Therefore, we concluded that $395,000 ($200,000 + $95,000 + $100,000) represented an appropriate total amount for Mr. Leonard's salary and bonus for 1987, and as stated, rounded this amount to $400,000. We also concluded that $296,000 paid to Mr. Leonard was appropriate and, after rounding to $300,000, represented reasonable compensation as a lump-sum retirement payment. We reached this conclusion on the basis of the fact that petitioner did not offer Mr. Leonard any retirement or pension benefits, a feature common, if not expected, for someone of Mr. Leonard's position with petitioner. High compensation is reasonable when there is a corresponding lack of fringe benefits such as pension plans or stock options which might normally be expected. Rutter v. Commissioner, 853 F.2d 1267, 1274 (5th Cir. 1988), affg. T.C. Memo. 1986-407. Both parties' experts provided figures for retirement benefits. Petitioner's expert Mr. Kesner believed that Mr. Leonard was entitled to a lump-sum payment for retirement benefits of $296,000. Respondent's expert, Mr. Brennan, stated that in the event the Court determined that Mr. Leonard is entitled to a retirement benefit, he would allocate $167,450 for that benefit.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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