- 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
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