Sutherland Lumber-Southwest, Inc. - Page 5




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               Respondent conceded that petitioner is entitled to deduct              
          the expenses for operating the aircraft for flights attributable            
          to the lumber business, the air charter business, the nonvacation           
          flights, and the director’s flights.                                        
                                   Discussion                                         
               The parties’ cross-motions for partial summary judgment2               
          involve employee fringe benefits.  Normally, answers to such                
          matters may be found in sections 61, 162, 132, and related                  
          sections.  Here, however, we are confronted with the more vexing            
          combination of those sections with section 274, which provides              
          special rules for disallowance of certain deductions in                     
          connection with entertainment, amusement, or recreation                     
          activities.  Simplifying matters, the parties agree that the                
          value of the vacation use of the aircraft is reportable by the              
          employees as compensation and that petitioner is entitled to                

               2 Rule 121(b) provides that summary adjudication upon all or           
          any part of the legal issues in controversy may be rendered if              
          the pleadings and admissions show that no genuine issue exists as           
          to any material fact and that a decision may be rendered as a               
          matter of law.  See Sundstrand Corp. v. Commissioner, 98 T.C.               
          518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v.               
          Commissioner, 90 T.C. 753, 754 (1988); Naftel v. Commissioner, 85           
          T.C. 527, 529 (1985).  The moving party bears the burden of                 
          proving that there is no genuine issue of material fact, and                
          factual inferences will be read in a manner most favorable to the           
          party opposing summary judgment.  See Dahlstrom v. Commissioner,            
          85 T.C. 812, 821 (1985); Marshall v. Commissioner, 85 T.C. 267,             
          271 (1985).  The facts necessary to consider the questions                  
          presented here by each motion are contained in pleadings and                
          other documents in the record and are not controverted.                     
          Consequently, the issue herein is ripe for partial summary                  
          judgment.                                                                   




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