Miller & Sons Drywall, Inc. - Page 36

                                       - 36 -                                         
              Mr. Herber relied on the National Institute for Business                
          Management (NIBM) Executive Compensation Survey and the RMA                 
          studies in addition to the ERI data to compare Darle’s                      
          compensation.  The NIBM data Mr. Herber relied on was for                   
          companies most similar to petitioner on the basis of overall size           
          in terms of revenues, having sales volume of less than $5                   
          million, and businesses classified as construction, contracting,            
          or extraction.  However, at trial, Mr. Herber testified that                
          NIBM’s survey group included industries that were not comparable            
          to petitioner’s, including mineral extraction, and we shall not             
          rely on the information contained therein.                                  
              Mr. Herber also used the RMA data to compare Darle’s                    
          compensation, represented as a percentage of income, to a subject           
          group composed of companies in the SIC 1742 category and having             
          revenues similar to petitioner’s.  Officer-shareholder                      
          compensation is expressed as a percentage of total revenue.  For            
          1997 through 1999, officer-shareholder compensation represented             
          as a percentage of revenues was as follows:                                 

                                    25th                       75th                   
              Calendar year      percentile       Median    percentile                
                   1997             2.8%           4.4%        7.7%                   
                   1998             3.2            5.1         7.5                    
                   1999             3.7            5.0         7.4                    
          Darle’s compensation as a percentage of total revenues for                  
          the tax years ended June 30, 1998 through 2000, was 16.2 percent,           





Page:  Previous  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  Next

Last modified: May 25, 2011