Tuesday, December 4, 2012

US Fiscal Cliff Trade-Off #18: Limit Tax Benefit Rate on Oil & Gas Stock and Stock Option Awards to 20%

Let me give you one example of just why the country's energy costs have been so high in the past decade.

Ray Irani is the Executive Chairman of Occidental Petroleum, which is based in California.  Occidental Petroleum is an extremely profitable Oil company, but certainly nowhere nearly as profitable as either Exxon Mobil or Chevron.

From Occidental Petroleum's Proxy Statement, filed with the SEC, here is Irani's Compensation disclosure.





Three Year Total

2011 2010 2009 2009-11

thousands of $s thousands of $s thousands of $s thousands of $s





Base Salary 1,300 1,192 1,170 3,662
Bonus 1,250 1,400 1,200 3,850
Stock Awards 26,458 40,250 24,759 91,467
Non-equity Incentive Compensation 19,058 31,575 2,553 53,186
All Other Compensation 1,700 1,690 1,720 5,110





Total Compensation 49,766 76,107 31,402 157,275


And yeah, Irani's Stock Awards Compensation is a massive 25 times his base salary in the most recent three years.

There is clearly a very extravagant situation here.

And when you analyze the details of the above All Other Compensation Category, included in the three year total of $5,110,000 are Personal Tax and Consulting Services of $1,085,000 (I'm not kidding), Security Services of $1,713,000 (Again, I'm not kidding), Life Insurance Premiums of $337,000, and Supplemental Retirement Plan Contributions of $1,932,000. 

All of the above Other Compensation items seem extremely extravagant to me.

But it's not just Irani.

Stephen Chazen is Occidental Petroleum's CEO.  From Occidental Petroleum's Proxy Statement, filed with the SEC, here is Chazen's Compensation disclosure.





Three Year Total

2011 2010 2009 2009-2011

thousands of $s thousands of $s thousands of $s
thousands of $s





Base Salary 1,267 767 720 2,754
Bonus 1,340 800 420 2,560
Stock Awards 18,137 21,800 11,004 50,941
Non-equity Incentive Compensation 10,497 14,395 1,032 25,924
All Other Compensation 486 319 309 1,114





Total Compensation 31,727 38,081 13,485 83,293


When you add the Stock Awards in the most recent three years to both Irani and to Chazen, you get a total of a mind-boggling $142 mil.  And that's just for two employees at one Oil and Gas company.  Extravagant, you better believe it.....Extremely extravagant.

But it's not just these two top executives.  Also from the Proxy Statement, it is just incredible how much Occidental Petroleum pays its Board of Directors.

The number of Directors included in Occidental Petroleum's Proxy varied from 12 to 14 in the most recent three years.  These Directors were paid cash fees totaling $3.7 mil and were given Stock Awards which totaled $16.7 mil.  Yeah, these are very lavish Directors' Compensation. 

So what's the big deal?  Who could possibly be harmed by this extremely extravagant spending by Occidental Petroleum?

Well, the country's energy costs, gas prices at the pump and other energy costs, would be lower if these extravagant costs were removed, and if Occidental Petroleum lowered their oil and gas prices that it charges by a like amount.

But another thing that bothers me here is why in the world should the US Government, and thus US taxpayers, be funding a good chunk of these extravagant costs?  Specifically, Occidental Petroleum is getting a 35% US Federal Income Tax Benefit for the tax writeoffs it receives eventually for these Stock Awards. 

Thus, my recommendation here is for all Oil & Gas Corps to have their US Federal Income Tax Benefit for all Stock Awards and Stock Option Awards be limited to a maximum 20% Tax Rate for all highly-paid employees with Total Compensation of more than $200,000 earned in the applicable year.  And some of the money raised here should be used on Clean Energy tax incentives.
 
Below here are the Salary and Stock Awards and Stock Option Awards Compensation Disclosures in the most recent Proxy Statements for mainly just the CEOs of the larger Oil & Gas Corps.





Ratio of Stock and

2011 2011 Stock Option 

Base Stock and Stock Awards
CEO Corp Salary Option Awards to Base Salary


thousands of $s thousands of $s
Big Oil & Gas Corps



Tillerson Exxon Mobil 2,387 17,891 7.5
Humphreys (Sr VP) Exxon Mobil 1,170 9,860 8.4
Watson Chevron 1,571 12,287 7.8
Irani (Exec Chm) Occidental Petroleum 1,300 26,458 20.4
Chazen Occidental Petroleum 1,267 18,137 14.3
Kibsgaard Schlumberger 1,425 8,489 6.0
Mulva ConocoPhillips 1,500 13,873 9.2
Farris Apache 1,750 8,341 4.8
Klesse Valero Energy 1,500 4,605 3.1
Lesar Halliburton 1,430 5,633 3.9
Brown (President) Halliburton 629 6,736 10.7
Heminger Marathon Petroleum 1,031 6,118 5.9
Caralot Marathon Oil 1,400 6,414 4.6
Richels Devon Energy 1,396 10,851 7.8
Miller National Oilwell Varco 950 6,554 6.9
McClendon Chesapeake Energy 975 13,628 14.0
Denton Baker Hughes 1,279 5,539 4.3
Hess Hess 1,500 8,500 5.7
Wood Murphy Oil 1,278 6,718 5.3
Hackett Anadarko Petroleum 1,583 14,086 8.9
Papa EOG Resources 940 12,075 12.8
Davidson Noble Energy 1,070 6,364 5.9





Total
29,331 229,157 7.8


Yeah, the Total Compensation from Stock and Stock Option Awards is a massive 7.8 times the Total Base Salary.  Not only is this extremely extravagant, but it also drives the massive stock buyback programs of some of these Big Oil & Gas Corps, like Exxon Mobil.

By buying back so much of their stock, these companies' EPS is enhanced.  Further, when they increase their number of shares bought back each year, their EPS growth is enhanced.  And both EPS and EPS growth drive stock prices, which further enhances the wealth of the executives of these companies.

Presently, there is nothing that prevents these Oil & Gas Corps from buying back as many shares as they want.  I think there needs to be US Government legislation that prevents excessive stock buybacks.

Anyway, the money raised by the US Government from the above recommendation should be used to reduce the US Debt and for Clean Energy Tax Incentives..