Menard, Inc. - Page 41

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          arose from Menards’s rate of return on its shareholders’                    
          investment for TYE 1998 has been rebutted.  Accordingly, we shall           
          review the parties’ experts’ comparisons of Mr. Menard’s                    
          compensation to compensation paid to CEOs by comparable publicly            
          traded companies and consider them in deciding whether Mr.                  
          Menard’s salary for 1998 was reasonable within the meaning of               
          section 162.                                                                
                    2.  Expert Reports                                                
               At trial, petitioner and respondent presented expert                   
          testimony comparing Mr. Menard’s compensation with the                      
          compensation paid to CEOs in comparable companies.  In reviewing            
          the conclusions of each expert, we may accept or reject the                 
          testimony according to our own judgment, and we may be selective            
          in deciding what parts of the experts’ opinions, if any, we                 
          accept.  See Parker v. Commissioner, 86 T.C. 547, 561-562 (1986).           
                         a.  Petitioners’ Expert                                      
               Petitioners’ expert on valuing CEO compensation was Craig              
          Rowley, vice president of national retail practice of Hay Group,            
          Inc., an international management consulting firm known for                 
          compensation analysis and design.                                           
                              (i) Comparable Companies                                
               For purposes of comparing Mr. Menard’s compensation with               
          that of similarly situated executives, Mr. Rowley selected a                
          comparison group of publicly traded companies that sold hard                






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