Eberl's Claim Service, Inc. - Page 31




                                        -31-                                          
               13. Conclusion                                                         
               Petitioner's increase in gross receipts resulted not only              
          from the huge volume of catastrophic claims work during the years           
          in issue, but also from Eberl's long hours, personal contacts,              
          and his knowledge of the catastrophic claims business.  It would            
          be reasonable for petitioner to compensate him well for that                
          work.  However, the problem from petitioner's stand point is that           
          Eberl chose to leave petitioner with virtually nothing to show              
          for his work.  Carey testified that it would be reasonable to               
          expect petitioner to have pretax earnings of about $2 million for           
          fiscal year 1992 and about $1 million for fiscal year 1993.                 
          Carey acknowledged that if petitioner had retained earnings of $2           
          million in fiscal year 1992, it would still have had $2,340,0004            
          to pay Eberl, and that compensation to Eberl of $2,340,000 in               
          that year might be reasonable.  Carey did not change his                    
          conclusion that it would be unreasonable to pay Eberl more than             
          $500,000 in fiscal year 1992 and $400,000 in fiscal year 1993,              
          but neither Carey nor respondent gave any convincing reason why             
          petitioner should have retained more than $2 million in earnings.           
          This suggests that reasonable compensation to Eberl for fiscal              
          year 1992 could be as much as $2,340,000, the difference between            
          the amount paid to Eberl ($4,340,000) and the amount of retained            



               4 Carey said $2,200,000, not $2,340,000.  However, the                 
          record shows that $2,340,000 is the correct amount ($4,340,000 -            
          $2,000,000 = $2,340,000).                                                   




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