Menard, Inc. - Page 59

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          Menards’s performance to the comparison group companies’                    
          performances to determine how the marketplace valued services               
          comparable to those provided to Menards by Mr. Menard during TYE            
          1998 and to decide what portion of Mr. Menard’s compensation was            
          reasonable within the marketplace.  See Exacto Spring Corp. v.              
          Commissioner, 196 F.3d at 838; sec. 1.162-7(b)(3), Income Tax               
          Regs.                                                                       
               Although comparisons to Kohl’s, Staples, and Target are                
          helpful to an extent, we can more accurately gauge a reasonable             
          amount of compensation for Mr. Menard by focusing on how Menards            
          compared to its direct competitors in home improvement retailing,           
          Home Depot and Lowe’s, during TYE 1998.  In his report, Dr.                 
          Hakala described Home Depot and Lowe’s as “directly comparable”             
          to Menards.  Similarly, while contrasting Menards’s performance             
          during TYE 1998 with Home Depot’s and Lowe’s performances,                  
          petitioners characterized the two companies as Menards’s “closest           
          competitors”.  In TYE 1998, Home Depot, Lowe’s, and Menards had             
          gross revenue, revenue growth, and net income as follows:                   
















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