Brewer Quality Homes, Inc. - Page 29

                                       - 29 -                                         
               When the Court asked Hakala if he was “confident” in his               
          conclusion that reasonable compensation for 1996 should be                  
          substantially below reasonable compensation for 1995 (see supra             
          tables 4 and 5), he responded as follows:                                   
                    THE WITNESS:  No, and I think they have a valid point             
               that there was more income, and what I missed was that in              
               the other income was the rebate from Fleetwood.  When you              
               factor the rebate from Fleetwood in, the compensation for              
               ‘96 should go up.  If you do that, then you have to adjust             
               the compensation for ‘95 downward.  So, you know, I would              
               agree that I think intuitively, ‘96 should probably be                 
               higher than ‘95.                                                       
               Notwithstanding this testimony, Hakala did not change his              
          report recommendations, and respondent’s posttrial briefs still             
          urge us to adopt Hakala’s report recommendations, with                      
          substantially lower reasonable compensation for 1996 as compared            
          to 1995.8                                                                   



               7(...continued)                                                        
               or the nearest 5,000.  In effect, if I was at 599, I’d round           
               up to 600,000.  If it was at 485, I might round to 485.                
               However, notwithstanding Hakala’s concession that “no one”             
          in a real situation would determine reasonable compensation to              
          six significant figures, Hakala did not change his report                   
          recommendation, and respondent’s posttrial briefs still urge us             
          to adopt Hakala’s six-significant-figure recommendations.                   
               8  At trial, Hakala explained that, if he adjusted upward              
          the maximum reasonable compensation for Jack for 1996, then he              
          would have to make a corresponding downward adjustment for 1995.            
          Neither Hakala at trial nor respondent on brief has explained why           
          an upward adjustment for 1996 on account of the Fleetwood rebate            
          would require a downward adjustment for 1995, except that at                
          trial Hakala invoked the imagery of “squeezing on a balloon.”               





Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011