- 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
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