- 5 - John R. Menard, docket No. 674-02 Accuracy-related penalty Year Deficiency sec. 6662(a) 1998 $4,909,407 $981,882 At the close of trial, pursuant to Rule 41(b)(1), respondent moved to amend the pleadings to conform to the evidence in light of testimony revealing that petitioner Menard, Inc., paid, and claimed as a deduction, Team Menard, Inc., salaries. We granted respondent’s motion. On the basis of the Rule 41(b)(1) motion and concessions of the parties,2 respondent determined petitioners’ deficiencies and section 6662(a) accuracy-related penalties as follows: Accuracy-related penalty Docket No. Deficiency sec. 6662(a) 673-02 $9,069,126 $460,031 674-02 2,587,000 517,400 2In the stipulation of facts, the parties agreed that for petitioner Menard, Inc.’s (Menards), taxable years ending Jan. 31, 1998 (TYE 1998), and Jan. 31, 1999 (TYE 1999), and for petitioner John R. Menard’s (Mr. Menard) taxable year ending Dec. 31, 1998, Menards paid $4,731,881, $3,791,202, and $3,853,251, respectively, of Team Menard, Inc.’s (TMI), expenses. Additionally, in the stipulation of facts, respondent conceded that to the extent Menards claimed deductions for TMI expenses that Menards paid during the period from Feb. 1 to Dec. 31, 1997, those amounts are not constructive dividends to Mr. Menard for his taxable year ending Dec. 31, 1998.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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