Brewer Quality Homes, Inc. - Page 44

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          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.                                                      






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