PK Ventures, Inc. and Subsidiaries, et al. - Page 64

                                       - 149 -                                        
          those performed by Rose.  Dorf identified eight companies for               
          purposes of his analysis.  In his analysis, Dorf also considered            
          data published in at least five different executive compensation            
          surveys.  Based upon the entirety of his analysis, Dorf concluded           
          that reasonable compensation amounts for the services that Rose             
          performed for PK Ventures and its subsidiaries during 1992 and              
          1993 were $383,104 and $362,356, respectively.                              
               Petitioners contend that the compensation that Rose received           
          from PK Ventures and its subsidiaries during 1992 and 1993 was              
          reasonable based on an analysis of the following factors:                   
          (1) Dividend history; (2) past and present financial conditions;            
          (3) nature, extent, and scope of employee’s work; (4) complexity            
          of employer’s business; (5) risk assumed by the employee; and               
          (6) employee’s qualifications and training.  Petitioners attempt            
          to discount the determinations of reasonable compensation made by           
          their own expert by arguing that his determinations reflect a               
          conservative approach.  Petitioners also attempt to discredit the           
          determinations of reasonable compensation made by respondent’s              
          expert by calling his determinations “facially suspect”.                    
          Furthermore, petitioners argue that there is no consensus in the            
          determinations made by Ugone and Dorf.  Conversely, respondent              
          contends that “there is an expert consensus as to reasonable                
          compensation for the duties that Rose performed on behalf of                
          PK Ventures during 1992 and 1993.”  Respondent concludes that               






Page:  Previous  135  136  137  138  139  140  141  142  143  144  145  146  147  148  149  150  151  152  153  154  Next

Last modified: May 25, 2011