Wagner Construction, Inc. - Page 25




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          petitioner's Forms 1120 for sales figures of $5.4 million in 1995           
          and $6.1 million in 1996.                                                   
               Mr. Reilly reviewed the "Almanac of Business and Industrial            
          Financial Ratios" for the period from July 1995 to June 1996,               
          which uses data from the Federal income tax returns of businesses           
          included in the various categories.  Mr. Reilly determined that             
          of the nearly 21,000 businesses included in the highway and heavy           
          construction contractor category, 71 percent had total assets of            
          less than $1 million, fewer than 10 percent had total assets in             
          excess of $5 million, 62 percent had a positive net income, and             
          38 percent of the companies showed a loss in 1995 and 1996.                 
               Mr. Reilly concluded that petitioner's Forms 1120 showed a             
          profit every year from 1986 to 1996.  Mr. Reilly viewed                     
          petitioner's financial record over 10 years because, in his                 
          opinion, examining only 2 years would not take into account prior           
          undercompensation of executives.  Further, in his opinion, a                
          company's historical record is the best way to determine whether            
          a company has provided a fair return to its stockholders.                   
               Mr. Reilly, using the "CFMA's 1996 Construction Industry               
          Annual Financial Survey" (the CFMA survey), calculated that                 
          highway and heavy construction contractors with revenue under $10           
          million reported a net income (or after-tax profit margin)                  
          percentage of 2.3 percent for 1995 and 0.3 percent for 1996.  The           
          record does not indicate whether the CFMA survey used data from             






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