- 2 - Additions to Tax Section Section Section Section Section Year Ended Deficiency 6653(a)(1)(A)16653(a)(1)(B) 6653(a)(1) 6653(a)(2) 6661(a) Feb. 29, 1988 $352,217 $17,611 * $ -- -- $88,054 Feb. 28, 1989 398,225 -- -- 19,911 * 99,556 Section Year Ended Deficiency 6662(a) Feb. 28, 1990 $863,235 $172,647 Feb. 28, 1991 366,344 73,269 * 50 percent of the interest due on the portion of the underpayment attributable to negligence. The only issue remaining is to determine the amount of the deduction for petitioner's taxable year ended February 28, 1990, to which petitioner is entitled under section 162(a)(1) for reasonable compensation paid to Jesse Ruf, its sole shareholder and chief executive officer (CEO). We hold that the amount of the deduction to which petitioner is entitled is $1 million. FINDINGS OF FACT2 Petitioner, Lumber City Corp. (Lumber City), is a California corporation whose principal place of business was in Van Nuys, California, at the time the petition was filed. Petitioner was formed in 1948 by Robert Neiman (Mr. Neiman) and Robert Reed (Mr. Reed) as Neiman-Reed Lumber and Supply Co., Inc. Petitioner began operations as a wholesale lumber operation and expanded to include a chain of retail home and garden im- 1 All section references are to the Internal Revenue Code in effect for the years at issue. All Rule references are to the Tax Court Rules of Practice and Procedure. 2 Except as noted, the record is unclear as to the timing of certain events. However, the inadequacy of the record in that respect does not affect our resolution of the issue presented.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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