Miller & Sons Drywall, Inc. - Page 37

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          16.7 percent, and 15.1 percent, respectively.  These figures                
          indicate that Darle’s compensation expressed as a percentage of             
          total revenue exceeded the 75th percentile.                                 
               Mr. Herber then attempted to calculate Darle’s reasonable              
          compensation using these percentages.  We do not believe that               
          such a computation is possible because the RMA data is provided             
          only up to the 75th percentile.  Nor do we believe that                     
          estimating the percentage for petitioner’s CEO is appropriate or            
          accurate.                                                                   
               This factor is neutral, with respect to Darle, because the             
          parties failed to provide comparable compensation data that was             
          persuasive.                                                                 
                    2.  Petitioner’s Other Officers/Job-Site Supervisors              
               Rocky and Dean both had officer titles but primarily                   
          performed duties as job-site supervisors.  Both parties’ experts            
          relied on information from the Web site of the Minnesota Work               
          Force Center (MWFC) of the Minnesota Department of Economic                 
          Security and determined that Rocky’s and Dean’s job                         
          responsibilities are analogous to those of “construction                    
          managers”.  The MWFC 1999 salary survey that estimated                      
          construction managers’ salaries for the fourth quarter 2000 is              
          summarized below.                                                           









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