- 23 - Method FYE 1995 FYE 1996 Guideline cos. CEO compensation $1,019,418 $1,124,167 Guideline cos. percent of sales 1,175,186 405,388 Guideline cos. net margins 2,150,000 1,500,000 Average of the methods 1,448,201 1,009,852 In addition, taking into consideration the $547,350 Mr. Reeves was underpaid as of December 31, 1995, the reasonable compensation for petitioner’s FY 1995 is increased to $1,995,551. C. Character and Condition of the Company This factor requires the Court to focus on petitioner’s size as measured by its sales, net income, or capital value; the complexities of the business; and general economic conditions. See Elliotts, Inc. v. Commissioner, 716 F.2d at 1246. Petitioner was a relatively small company that had secured itself a market niche enabling it to earn high profit margins on its product sales and services. Petitioner’s income was modest until 1993 when it began to experience a substantial increase. Gross sales grew from $661,928 in FYE June 30, 1991, to $2,074,682 and $1,936,476 in FYE June 30, 1993 and 1994, respectively, and continued to increase in the fiscal years at issue to $12,501,980 and $5,709,686, with net margins of 8.7 and 7 percent, respectively. Petitioner’s net income was substantially higher than the guideline companies’ average and each guideline company’s individually, except for NBTY, Inc.’s FY 1996. Moreover,Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: November 10, 2007