- 36 - remedy that undercompensation. As noted by respondent’s expert, Mr. Myers and Mrs. Myers were extremely well compensated commencing with petitioner’s 1993 fiscal year. We thus give little weight to petitioner’s and Mr. Gelfond’s unsupported contention that petitioner’s prior undercompensation of Mr. Myers and Mrs. Myers still remained largely unremedied when the deferred compensation agreements were entered into.21 We also reject Mr. Gelfond’s suggestion that Mr. Myers and Mrs. Myers are entitled to the compensation that would be provided to six full-time executives/employees serving as petitioner’s chief executive officer, chief financial officer, chief operating officer, bookkeeper, personnel manager, and office manager. Although Mr. Myers and Mrs. Myers may have performed some of the duties of six such executives/employees, they did not perform work equal to the full-time services of six such executives/employees.22 21Petitioner also asserts that the amounts it treated as constructive dividends under its settlement with respondent for its 1993 and 1994 fiscal years, still represented reasonable compensation to Mr. Myers and Mrs. Myers for purposes of the case. We draw no adverse inference from petitioner’s subsequent treatment as dividends under that settlement of part of its 1993 and 1994 fiscal year compensation to Mr. Myers and Mrs. Myers. See also Fed. R. Evid. 408. 22This Court and other courts in numerous reasonable compensation cases have considered the employee-recipient’s performance of more than one function for the employer but have concluded that the recipient’s reasonable compensation should be less than the sum of the amounts paid to full-time employees each of whom occupied one such position. See, e.g., Labelgraphics, (continued...)Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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