- 30 - Haff, Emil, and Louise collectively, rather than individually, and he drew no distinction among Haff, Emile, and Louise as to the reasonableness of each individual’s compensation. To Fishman’s mind, each officer’s compensation is reasonable under section 162(a)(1) if the aggregate amount of compensation is reasonable for the services performed by all of the officers. We disagree. In fact, even Fishman recognized the impropriety of his approach when he answered the Court’s question as to why he included Haff’s compensation in the analysis of the reasonableness of Emile and Louise’s compensation. The colloquy went as follows: The Court: by including the third person and including that salary in here, we’re throwing into this mix something that is not relevant. I mean, suppose, for instance, the third person’s salary was $10,000? Or suppose it was $500,000? It certainly has an impact, and it distorts the comparison? The Witness: I understand your point, and it would have been better if I had made an allocation by individual. I didn’t think I could do that and sit here and talk to you about it. We also note that Fishman, notwithstanding his knowledge of the fact that Emile and Louise received equal bonuses, believed that Louise performed significantly more services for petitioner than Emile and acknowledged that some of Louise’s duties could have been performed by somebody else for significantly less than the amount paid to Louise.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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