- 55 - As previously discussed, Mr. Wechsler was paid large bonuses even in petitioner’s down and loss years. Contrary to the claims of petitioner’s experts, no strong linkage existed between the bonuses and total compensation paid to Mr. Wechsler for a given year and petitioner’s financial performance for that year. Neither petitioner nor its experts established any consistent method for calculating Mr. Wechsler’s bonuses for the years in issue.12 See Rapco, Inc. v. Commissioner, supra at 955. With respect to Mrs. Wechsler’s compensation for petitioner’s 1999 fiscal year, she started working for petitioner that year and also served as petitioner’s secretary and a member of its board. Petitioner paid her a $178,154 salary and a $308,000 bonus for that year. Petitioner’s 1999 fiscal year FOCUS report reflects negative earnings before Federal income tax (EBFIT) of $15,768,385 and substantial declines in retained 12 As discussed infra, some of petitioner’s other employees received bonuses for petitioner’s 1999 fiscal year--a bad year for petitioner. We have no reason to question the arm’s-length nature and reasonableness of the 1999 bonuses paid to those employees who (unlike Mrs. Wechsler) were unrelated to Mr. Wechsler. We believe, however, that the method used to compensate Mr. Wechsler should differ materially from the method used to compensate petitioner’s other employees, in light of the crucial importance of Mr. Wechsler’s services to petitioner and petitioner’s business. We think an independent investor, to secure Mr. Wechsler’s services in an arm’s-length arrangement, on the one hand, would have to provide a method whereby Mr. Wechsler potentially could earn much higher annual pay from petitioner than petitioner’s other employees. Such a method for reasonably compensating Mr. Wechsler, on the other hand, would also closely tie his annual bonuses to petitioner’s earnings and profitability in a given year.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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