- 12 - he was the most knowledgeable person regarding VARI and that respondent’s projection, based on an interview with Mr. Rhoads, is therefore erroneous. We disagree for several reasons. First, respondent’s reliance on Mr. Rhoads’s statements was not improper. Mr. Rhoads had daily contact with ZSI and was intimately involved with the presorting division’s operations; we do not think it improbable that Mr. Rhoads was aware of those factors impacting the presorting division’s profitability, not the least of which was the amount of retained VARI. Second, respondent’s projection coincides with the most objective and reliable evidence in the record--the presorting discount. ZSI saved 4 cents per piece of mail under the presorting discount program and consistently has been able to retain the benefits from 50 percent of that discount. We have seen no evidence to suggest the apportionment of the presorting discount is distinguishable from the apportionment of the VARI. Third, and most importantly, petitioner’s projection is unreliable and lacks probative value.11 Petitioner’s bald projection of $350,000 does not appear to be based on any evidence or knowledge personal to petitioner. Although petitioner generally dealt with ZSI’s creditors and financial 11At trial, petitioner testified that he had estimated ZSI would retain anywhere from 25 percent to 35 percent of VARI but offered the Court no facts on which to evaluate the reasonableness of his estimates.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011