Schmidt Baking Company, Inc. - Page 2

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                I.R.C., does not apply, and the deduction for vacation                       
                and severance pay is an allowable deduction for P's                          
                1991 taxable year under sec. 83(h), I.R.C., and sec.                         
                1.83-6(a)(3), Income Tax Regs.                                               
                Theodore W. Hirsh, Andrea R. Macintosh, and Frances M.                       
          Angelos, for petitioners.                                                          
                Clare J. Brooks, for respondent.                                             


                                          OPINION                                            
                TANNENWALD, Judge:  Respondent determined the following                      
          deficiencies in petitioner's Federal income taxes:                                 
                Taxable Year Ended                     Deficiency                            
                Dec. 26, 1987                         $  6,982.00                            
                Dec. 31, 1988                         193,182.00                             
                Dec. 28, 1991                         2,873.00                               
          After concessions, the sole issue for decision is whether                          
          petitioner may deduct for its 1991 tax year amounts for vacation                   
          and severance pay which accrued in that year, were funded within                   
          2-1/2 months of the end of that year, i.e., March 13, 1992, by                     
          means of an irrevocable letter of credit, and were includable in                   
          the income of the employees as of that date.                                       















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