- 23 - that jurisprudence here and apply the multi factor test through the lens of an independent investor.11 At the trial of this case, Jay Fishman, ASA, CBA (Fishman), was called by petitioner as a witness, and the Court, with no objection from respondent, recognized him as an expert on reasonable compensation. Petitioner introduced into evidence Fishman’s expert report (written under the name of his employer, Financial Research, Inc.) as to the reasonableness of the total compensation paid to Haff, Emile, and Louise. The report concludes on the basis of the aggregate compensation paid to the three individuals that “the deductions claimed by Haffner’s Service Stations, Inc. for compensation paid to Emile and Louise Fournier for the years ended December 31, 1990, 1991, and 1992 are reasonable deductions for compensation and not distributions of profits.” As discussed infra, the report is premised on Fishman’s belief that the specific compensation paid to each officer of a corporation is reasonable when the total compensation paid to all of the corporation’s officers is reasonable. Expert testimony is appropriate to help the Court understand an area requiring specialized training, knowledge, or judgment. 11 As discussed herein, we decide this test adversely to petitioner. Even if we had applied one of the tests argued for by petitioner, petitioner would still not have prevailed. Neither Emile nor Louise made a significant contribution during the subject years to the success of petitioner’s business.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011