Eberl's Claim Service, Inc. - Page 28




                                        -28-                                          
               10. Prevailing Rates of Compensation for Comparable                    
                    Positions in Comparable Companies                                 
               In deciding whether pay is reasonable, we compare it to                
          compensation paid to persons holding comparable positions in                
          comparable companies.  Rutter v. Commissioner, 853 F.2d at 1271;            
          Mayson Manufacturing Co. v. Commissioner, supra at 119.                     
               Neither respondent's expert, Carey, nor petitioner's expert,           
          Williams, had data from businesses that are similar to petitioner           
          or executives whose performance was shown to be similar to                  
          Eberl's.  Pulsar Components Intl., Inc. v. Commissioner, supra              
          (Court not persuaded by expert testimony that did not compare               
          prevailing rates of compensation for comparable positions in                
          comparable companies); Mad Auto Wrecking, Inc. v. Commissioner,             
          T.C. Memo. 1995-153 (same).                                                 
               Respondent contends that petitioner could have hired someone           
          to perform all of Eberl's services for $500,000 per year.                   
          Respondent's contention is speculative.                                     
               This factor is neutral because neither respondent's nor                
          petitioner's experts had persuasive comparative pay data.                   
















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