- 69 - on petitioner’s tax returns, and we accept that aspect of their opinions. We conclude that reasonable compensation to Mr. Wechsler for the years in issue would include petitioner’s payment to him of (1) the annual salaries he received, (2) for 1999, a payment of $40,917 to reflect interest, and (3) a yearly bonus equal to 20 percent of petitioner’s adjusted EBFIT before petitioner’s payment of any bonus to Mr. Wechsler for that year.16 Using the above method for determining Mr. Wechsler’s compensation, we calculate that reasonable compensation to Mr. Wechsler for petitioner’s 1992 through 1999 fiscal years in issue is as follows: Annual Adj. EBFIT Annual Bonus3 FYE May 31 Salary Adj. EBFIT1 Before Bonus2 and Interest Total Comp. 1992 $390,000 $4,002,465 $8,002,465 $1,600,493 $1,990,493 1993 390,000 6,281,781 10,781,781 2,156,356 2,546,356 1994 390,000 (1,910,871) 4,789,129 957,826 1,347,826 1995 405,000 6,404,771 11,859,771 2,371,954 2,776,954 1996 390,000 12,927,869 17,927,869 3,585,574 3,975,574 1997 390,000 (4,295,611) (3,295,611) -0- 390,000 1998 415,000 2,911,631 9,983,631 1,996,726 2,411,726 1999 571,694 (15,535,385) (14,612,309) 40,197 611,891 1 EBFIT for that year, plus (if any) disallowed, nondeductible compensation for that year paid by petitioner to Mrs. Wechsler or Gilbert. 2 Adjusted EBFIT for that year, plus December and May bonuses for that year actually paid by petitioner to Mr. Wechsler. 3 Equal to 20 percent of adjusted EBFIT before bonus for that year (rounded to nearest dollar) plus, for 1999, $40,197, as a payment of interest. 16 Petitioner’s adjusted EBFIT is the EBFIT reported on its FOCUS report for that year, increased by any disallowed, nondeductible compensation petitioner paid for that year to Mrs. Wechsler or Gilbert.Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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