-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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011