- 25 - an investment in petitioner. See Elliotts, Inc. v. Commissioner, 716 F.2d at 1245; Haffner’s Serv. Stations, Inc. v. Commissioner, supra. We are assisted in this case by Wertlieb. In light of his qualifications and with due regard to all other credible evidence in the record, we consider Wertlieb’s training, knowledge, and judgment to be most helpful to our understanding of the executive compensation issue at hand. See Fed. R. Evid. 702; Snyder v. Commissioner, 93 T.C. 529, 534 (1989). Wertlieb testified at trial through his expert report (report). See Rule 143(f). The Court accepted that report into evidence without any objection from respondent. Respondent also declined to cross-examine Wertlieb as to its contents. We turn to the five factors and analyze them seriatim. None of these factors is decisive in and of itself. LabelGraphics, Inc. v. Commissioner, 221 F.3d at 1095. 1. Employee’s Role in the Company We analyze Beiner’s role in petitioner’s business. A relevant consideration is his general importance to petitioner’s success. See Elliotts, Inc. v. Commissioner, supra at 1245. Other considerations include his position, hours worked, and duties performed. See id. Beiner is an experienced electrical designer who had the devotion, dedication, intelligence, foresight, and skill toPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011