- 56 - 5. Prevailing Rates of Compensation for Comparable Positions in Comparable Companies In deciding whether compensation is reasonable, we compare it to compensation paid to persons holding comparable positions in comparable companies. See Rutter v. Commissioner, supra at 1271; Mayson Manufacturing Co. v. Commissioner, supra at 119. Petitioner and respondent rely on their experts' reports and testimony with respect to this factor. We are not persuaded by any of the experts. Dr. Lacey's report does not provide any data or opinion as to the amount of compensation that would be reasonable for petitioner to pay to Dennis or Curtis. Respondent uses the compensation amounts Mr. Katz concluded were reasonable. Those amounts, however, do not take into account the valuable stock options received by executives of the publicly traded companies. We think that those amounts are less than the amounts that Dennis or Curtis would expect to be paid or that an independent investor would agree to pay for their services. By contrast, the amounts calculated by Mr. Reilly for Dennis exceed the amounts paid by other companies for four full-time executives, and they are excessive. On the basis of their value to petitioner's business, we find that an independent investor would agree to pay Dennis, as CEO, the highest amount of reasonable compensation for a CEO and Curtis, as COO, the highest amount of reasonable compensation forPage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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