Brewer Quality Homes, Inc. - Page 36

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          Until we know that, we do not know how to deal with the concern             
          that Hakala has described.                                                  
               Thirdly, Hakala does not: (a) Point to any evidence that               
          would enable us to quantify the amount, if any, by which this               
          potential gamesmanship actually diminished the compensation that            
          petitioner paid to Jack in any year, (b) suggest any way of                 
          adjusting the ratio for petitioner to compensate for this                   
          potential gamesmanship, or (c) explain why petitioner and Jack              
          would shift payments from compensation in 1993 but not use that             
          device for 1989, 1990, and 1991, when presumably the same                   
          “incentives” were in play and when petitioner and Jack had the              
          same tax adviser that they had in 1993.                                     
               Thus, Hakala’s speculation is interesting but we do not find           
          it helpful in analyzing the instant issue.  See infra (3)                   
          Previous Underpayment.                                                      
               Hakala also presents the following double-barreled attack on           
          Ding’s reliance on the RMA data:                                            
               The Robert Morris Associates (“RMA”) data requires more                
               analysis than was provided by Ms. Ding.  First, we don’t               
               know exactly how many officers, directors and affiliates are           
               represented in the total officers’ compensation in the RMA             
               figures.  For larger dealerships, our experience is that               
               more than one officer is included and sometimes three or               
               more persons may be represented in the total figures.                  
               Second, we don’t know the extent to which the officers’                
               compensation is consistent with arm’s length practices.  The           
               BVS Report summarized in Exhibits II-2 and II-3 [attachments           
               to Exh. 60-R, Hakala’s expert witness report] represents an            
               attempt to address these issues.  The suggested total                  
               compensation at the 75th percentile level is at most                   
               $324,219 in 1995 and $224,858 in 1996 for a single officer             





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