- 26 - financial statements or tax returns. On the basis of the income reported on petitioner's Forms 1120, Mr. Reilly calculated that petitioner had a net income percentage (or after-tax profit margin) of 3.8 percent for 1995 and 1.1 percent for 1996. Mr. Reilly did not compare compensation paid to Dennis and Curtis to that paid to petitioner's other employees because no other employee held an administrative or executive position. Mr. Reilly observed that petitioner maintained a profit-sharing plan that included other employees, and the union employees were paid top scale wages for the State of Minnesota rather than the specific region governed by petitioner's union contracts. Mr. Reilly performed two separate analyses of petitioner's executive compensation for purposes of determining a range of reasonable compensation. Mr. Reilly first compared the executive compensation of Dennis and Curtis to published executive compensation study figures for positions in companies that, in his opinion, were of comparable size and in comparable industries. He used annual compensation surveys from the National Institute of Business Management (the NIBM survey) and Aspen Publishers, Inc. (the Aspen survey). The NIBM survey covers companies in the construction, contracting, and extraction industries with annual sales exceeding $5 million. There is no upper limit on the sales volume of companies included in the survey segment and,Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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