- 30 - substantially more profitable than virtually all of the 34 companies in terms of the ratio of gross profit to sales. Wertlieb opined that petitioner returned more as a percentage of equity to its investor than any of the 34 companies returned to their investors. Wertlieb concluded that Beiner’s reasonable compensation for the respective subject years was $906,740 and $1,533,093 and that these amounts were consistent with the salaries paid by similar companies for similar services. Wertlieb noted that Beiner was performing the functions of a wide range of employees. Respondent argues that we should ignore the “Excess Gross Profits” portion of Wertlieb’s report as to Beiner’s reasonable compensation because, respondent states: “Wertlieb provided no evidence that any of the companies he surveyed employed such a compensation plan.” We decline to do so. First, experts, but for their testimony, are not the source of evidence; the parties are. See United States v. Scheffer, 523 U.S. 303, 317 n. 13 (1998). Second, Wertlieb’s testimony, all of which was credible and without contradiction, was that an employer such as petitioner may pay an employee such as Beiner reasonable compensation inclusive of all gross profit in excess of the gross profit that the employer would have realized had it performed at the 90th percentile of similar public companies. In a case such as this, where Beiner’s services were directly, if not solely,Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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