Beiner, Inc. - Page 30

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          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,              






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