- 93 - 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.Page: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
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