B & D Foundations, Inc. - Page 15




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          president of Myers Foundations.  On July 31, 1996, Mr. Myers’               
          stock interest in Myers Foundations was redeemed, and Kurt became           
          its sole shareholder.                                                       
               Mr. Myers also helped Bill Collins, a former employee of               
          petitioner and the B & D partnership, establish Collins Concrete            
          Construction, Inc. (Collins Concrete), another foundation and               
          flat work construction company.  Mr. Collins and Mr. Myers                  
          together owned Collins Concrete.  By 1996, Mr. Myers’ entire                
          stock interest in Collins Concrete had been redeemed.                       
               During 1996, Mr. Myers also engaged in certain cattle                  
          breeding and feeding activities and horse breeding and showing              
          activities.                                                                 
               In the notice of deficiency, respondent disallowed                     
          petitioner’s deduction of $353,911 of the $875,000 of salaries              
          paid Mr. Myers and Mrs. Myers for its fiscal year ended July 31,            
          1996, but did not make any adjustment to the $238,000 of bonuses            
          paid for that year and the preceding year.  The notice of                   
          deficiency stated, in pertinent part:                                       
               Issue A: Whether the compensation paid to the                          
               shareholder/officers of the corporation are reasonable                 
               given the duties and services provided to the company.                 
               Reconciliation:     FYE 7/31/96                                        
               Per Return      [$]1,113,800                                           
               Per Exam             759,889                                           
               Adjustment           353,911                                           
               The total “reasonable” compensation amount was                         
               determined as follows:                                                 





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