Menard, Inc. - Page 96

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          constructively receive their bonuses during the accrual year for            
          the following reasons:  (1) During the accrual year, the                    
          individual bonus amounts due each officer were not entered in the           
          books and records, credited to the officers’ accounts, or                   
          otherwise set apart for them, and (2) payment of the bonuses was            
          conditioned on the taxpayer-corporation’s financial status.  See            
          id. at 569-570.                                                             
               We disagree with petitioners’ assertion that the                       
          circumstances surrounding the accrued interest in this case are             
          similar to the facts of Jerome Castree Interiors, Inc.  Unlike              
          the taxpayer-corporation in Jerome Castree Interiors, Inc.,                 
          Menards set aside Mr. Menard’s accrued interest during the                  
          accrual year; Menards’s TYE 1998 financial statement reported the           
          exact amount of interest that had accrued during the year on the            
          loans payable to Mr. Menard.  Another difference between this               
          case and Jerome Castree Interiors, Inc. is that the record here             
          contains no evidence of any restrictions placed by Menards on the           
          payment of the accrued interest.  Moreover, Menards’s TYE 1998              
          financial statement indicated that Mr. Menard’s loans to the                
          corporation were payable on demand.                                         











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