Haffner's Service Stations, Inc. - Page 23




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          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.                  





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