Menard, Inc. - Page 5

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          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.                                      




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