- 7 - based on a history that shows that Lynn's compensation for fiscal years ended from 1982 through 1990 equaled 10, 11, or 12 percent of sales. There was no testimony, however, indicating when and how the alleged formula was established. In response to leading questions, Lynn testified as follows: Q And over the years has your compensation, and in particular in '89 and '90, borne any relationship to the sales and, if so, approximately what? A Approximately about 11 or 12 percent, something like that. Q Has that been fairly consistent over the years? A Very consistent. Q And in terms of salary -- your total compensation, in terms of salary and bonus, how is that broken down and why do you do it that way? A We met with the -- at the end of every year, after the financial statement was audited and prepared, we would sit down and determine a compensation. It was kind of an informal thing. We would set a compensation plan for the next year based on the sales. My salary didn't increase very much, but it was mostly on performance, how we performed, how the sales came in and whether we needed cash or what our cash needs were, but the actual paying of the bonus at the time was determined by the cash flow. Petitioner's certified public accountant testified as follows: Q Okay, during these years, could you tell the Court what participation, if any, you had in setting the compensation for Ted Lynn? A Well, during the audit and after audit, Ted and I would get together and we would discuss what salaries were and we would try to project what salaries should be in the coming year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011