Miller & Sons Drywall, Inc. - Page 35

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          the basis of this data, Darle’s experience, and petitioner’s                
          strong profitability before taxes and shareholder-employee                  
          compensation, Mr. Herber estimated a high and low total                     
          compensation range.                                                         
               At first glance, the ERI data from SIC 1742 appears relevant           
          because it is based on the proper SIC and is limited to                     
          businesses in the Fargo, North Dakota, area, and it accounts for            
          petitioner’s size as measured by revenues.  However, the ERI data           
          does not take into account the number of hours the similarly                
          situated CEOs worked or the duties they performed.  Darle was               
          solely responsible for determining the amount petitioner would              
          bid on each job.  However, the ERI data does not indicate that              
          the CEOs in similar companies also had this responsibility.  In             
          addition, Darle performed many tasks that may not be                        
          traditionally performed by a CEO.  The ERI materials included in            
          the record fail to indicate whether other CEOs performed similar            
          tasks.  The ERI data also does not state the business model of              
          the corporations included in its data.  It is plausible that CEOs           
          working under different business models may expect to be                    
          compensated differently.  Considering these facts, we place                 
          little weight on these materials and are unwilling to conclude              
          that the ERI data is sufficient for us to find that Darle’s                 
          compensation was unreasonable.                                              







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