Wechsler & Co., Inc. - Page 69

                                       - 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

Last modified: May 25, 2011