- 36 - 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 officerPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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