Brewer Quality Homes, Inc. - Page 61

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          officer’s compensation such that an arm’s-length investor could             
          realize market rates of return on invested capital in * * *                 
          [petitioner]”.20                                                            
               Hakala calculated the “theoretically appropriate officers’             
          compensation” by starting with a base salary of $207,000.  He               
          determined this amount by multiplying by 1.5 the median base                
          salary shown in a survey for 1994 by Panel Publications of Aspen            
          Publishing, hereinafter sometimes referred to as Panel/Aspen.               
          Hakala did not explain why he multiplied the 1994 median base               
          salary by 1.5, or why he used 1994 as a base year when he                   
          provided the data for 1995 and 1996--but not for 1994--in his               
          report.  Also, the data Hakala used was from both (1) the                   
          fabricated metal and wood products industry group and (2) the               
          business services industry group.  We are unclear as to how these           
          industry groups are similar to petitioner.  Hakala admitted that            
          the comparability is somewhat limited and “not a very good fit”.            
          Nevertheless, he claimed that the data “provided information”.21            

               20  This 16.77 percent (18.18 percent in Hakala’s first                
          expert witness report) is determined as an average of the                   
          information for 1995 and for 1996.  Hakala has not explained how            
          there could be a plausible scenario in which an “arm’s-length               
          investor” would take into account 1996 information, including               
          1996 interest rates, in agreeing to compensation payments in                
          1995.                                                                       
               21  Hakala’s justification at trial for use of the                     
          Panel/Aspen data from the “Fabricated Metal and Wood Products               
          Industry Group” and the “Business Services Industry Group” to               
          determine a base salary for Jack was as follows:                            
                                                             (continued...)           





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