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