- 22 - We conclude that Bergreen is not entitled to compensation by the estate. Thus, it was not necessary for the estate to borrow funds to compensate him. c. Whether Davis’s Compensation Was an Obligation of the Estate The estate contends that Davis’s $5 million compensation is an administration expense because Bergreen and Moody, acting in their capacity as executors, hired Davis to manage Gilman Paper Co. and to help Bergreen sell the Gilman assets, and that his work for the GIC businesses benefited the estate. We disagree. Bergreen and Moody were officers of GIC (as well as executors of the estate) when they hired Davis to help revive the Gilman businesses. Davis was rehired to serve as chief operating officer of Gilman Paper Co. and Gilman Building Products in June 1998. The foundation’s compensation committee approved Bergreen’s and Moody’s request to pay Davis $5 million for his return from retirement and his turnaround and sale of the Gilman Paper Co. Davis was paid $1.5 million in 1998, and $1.2 million in 1999 and 2000. It appears from the foundation compensation committee report that those payments were not part of the $5 million that Bergreen and Moody offered him and that the compensation committee in October 2001 recommended that he be paid. The accounting prepared by the estate as of February 28, 2003, does not show that the estate made those payments. It appears that Bergreen and Moody hired Davis in their capacity asPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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