- 38 - 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 hardPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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