- 61 - 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...)Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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