- 67 - percent of petitioner’s profits. Mr. Hakala compared his calculated return for petitioner with the returns an independent investor would have received by investing in other investments consisting of similar securities. While we adopt Mr. Hakala’s percentage-of-profits approach, we believe that a 20-percent-of-profits bonus pool divided 40/60 between Mr. Wechsler and other bonus-paid employees would under- compensate Mr. Wechsler, rewarding him with only 8 percent of petitioner’s annual pre-bonus profits. In comparison to the other financial industry companies that Mr. Hakala examined, petitioner is a small company that had a much smaller workforce and an extremely lean management team. Following its move to Mt. Kisco, New York, and the outsourcing of its back-office operations, petitioner in late 1992 had approximately 20 employees. By 1999, the number of petitioner’s employees decreased to 12. Consideration of petitioner’s relatively small size and workforce, we believe, demonstrates Mr. Wechsler’s indispensable role in the success of petitioner’s business. We have no basis for concluding that the chief executives of the companies Mr. Hakala surveyed provided similar services and shouldered responsibilities comparable to the services Mr. Wechsler provided and the responsibilities he shouldered. Mr. Wechsler organized petitioner, served as its principal manager, worked long hours, ensured its compliance with all relevantPage: 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