Sutherland Lumber-Southwest, Inc. - Page 2




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               Anne G. Batter, for petitioner.                                        
               Robert M. Fowler, for respondent.                                      


                                       OPINION                                        
               GERBER, Judge:  The parties filed cross-motions for partial            
          summary judgment, seeking resolution of whether petitioner is               
          allowed to deduct its expenses in operating its company aircraft            
          for the benefit of employees or whether the deduction is limited            
          to the value of the use of the aircraft--the amount reportable by           
          petitioner’s employees.  The parties’ controversy raises the                
          question of whether and how section 2741 applies for petitioner’s           
          1992 and 1993 taxable years.                                                
                                     Background                                       
               Petitioner is a corporation with its principal place of                
          business in Kansas City, Missouri.  Petitioner’s president and              
          vice president are Dwight Sutherland (Dwight) and Perry                     
          Sutherland (Perry), respectively.  Petitioner is principally                
          engaged in the retail lumber business with outlets located in               
          eight Texas cities.  In addition to the retail lumber business,             
          petitioner owned a 1976 Model 25 Lear Jet, which was used for               
          travel related to the lumber business and for its air charter               

               1 Unless otherwise indicated, section references are to the            
          Internal Revenue Code in effect for the taxable years under                 
          consideration, and Rule references are to the Tax Court’s Rules             
          of Practice and Procedure.                                                  




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