- 44 - not intend in 1996 to compensate Jack for his earlier services to petitioner. We have so found. Under these circumstances we need not, and we do not, determine whether Jack was undercompensated for his earlier services to petitioner. (4) Nonsalary Benefits Ding stated that petitioner’s failure to provide nonsalary benefits (other than health insurance) to its executives should be taken into account in determining the maximum reasonable compensation for Jack. She regarded as particularly important the lack of “a defined benefit plan or deferred compensation plan.” She relied on studies showing that (1) “Companies typically provide their executives with benefits representing 24.4% of compensation” and (2) “Sixty-one percent of retail and wholesale trade industries provide long-term incentive programs for their top managers”. In his rebuttal expert witness report, Hakala responded as follows: Compensation for Poor Benefits: This is an interesting issue. It is difficult to quantify. BQH is not a large, public company. Benefits are typically more limited for officers of manufactured home dealerships. It is our understanding that Mr. Brewer’s benefits were consistent with the benefits realized by his top sales personnel. The data relied upon by Ms. Ding is not applicable for a company of the size and type of BQH. However, some elements for benefits might be considered appropriate in a market compensation analysis but not in the independent investor returns analysis.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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