- 66 - from the broker-dealers Mr. Matthews identified. Though petitioner’s endeavors covered a range of activities during the relevant period, proprietary trading was responsible for most of its revenue, and commissions generated only a small percentage. (According to the report of petitioner’s expert, Mr. Dorf, during the audit period petitioner reaped only 0.4 percent of its income from commissions, whereas most of its income came from its investments.) Because petitioner carried on a unique mix of investment services and trading operations, it would be difficult, if not impossible, to neatly classify its business. Rather, at best, petitioner could be described only as a business offering a unique combination of financial services and investments. Thus, in determining reasonable incentive compensation for Mr. Wechsler, we are unable to look to the compensation practices of any single business or any single type of business for guidance. Rather, we must look more generally to compensation practices in the investment industry. As a basis for determining reasonable incentive compensation for Mr. Wechsler, we therefore adopt Mr. Hakala’s percentage-of- profits approach, which he argues is customary in the investment industry. According to Mr. Hakala’s calculations, an independent investor in petitioner would have received a reasonable return on equity had petitioner’s incentive compensation been limited to 20Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
Last modified: May 25, 2011