Law Offices--Richard Ashare, P.C. - Page 2




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               its carryback of losses from 1991, 1992, and 1993, P's                 
               deficit in retained earnings on Dec. 31, 1993, was                     
               $1,463,768.                                                            
                    Held:  R did not conduct a second examination of                  
               P's books of account in violation of sec. 7605(b),                     
               I.R.C.                                                                 
                    Held, further, sec. 162(a)(1), I.R.C., allows P to                
               deduct $1,750,000 in 1993 as reasonable compensation                   
               paid to A.                                                             


               Gordon S. Gold, David J. Lieberman, and Barry R. Bess,1 for            
          petitioner.                                                                 
               Trevor T. Wetherington and Robert D. Heitmeyer, for                    
          respondent.                                                                 


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               LARO, Judge:  Petitioner petitioned the Court to redetermine           
          an income tax deficiency of $546,634 for 1990.  The deficiency              
          stems from respondent's determination that petitioner may not               
          deduct $1,750,000 paid to its shareholder/employee in 1993                  
          reportedly as compensation.  Petitioner reported a net operating            
          loss (NOL) for 1993 that it carried back to 1990.                           
               We must decide the following issues:                                   




               1 At the start of trial, the Court allowed Mr. Bess to                 
          withdraw as counsel because he was going to be a witness for                
          petitioner.                                                                 






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