Menard, Inc. - Page 2

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                           SUPPLEMENTAL MEMORANDUM OPINION                            

               MARVEL, Judge:  On October 14, 2004, we received and filed,            
          pursuant to Rule 161,1 petitioners’ motion for reconsideration of           
          our Memorandum Opinion in Menard, Inc. v. Commissioner, T.C.                
          Memo. 2004-207 (Menard I).  Petitioners’ motion for                         
          reconsideration requests that we reconsider two parts of Menard             
          I:                                                                          
               (1) Our conclusion that John R. Menard’s (Mr. Menard)                  
          compensation for the taxable year ended (TYE) 1998 was not paid             
          by Menard, Inc. (Menards), purely for Mr. Menard’s services;                
               (2) our ruling that part of Exhibit 17-J, summarizing the              
          compensation of Menards’s officers for years before TYE 1991, is            
          not admissible.                                                             
               With respect to (1), petitioners contend that we                       
          misinterpreted the opinion of the Court of Appeals for the                  
          Seventh Circuit in Exacto Spring Corp. v. Commissioner, 196 F.3d            
          833 (7th Cir. 1999), revg. Heitz v. Commissioner, T.C. Memo.                
          1998-220,2 in deciding whether the compensation paid to Mr.                 

               1All Rule references are to the Tax Court Rules of Practice            
          and Procedure, and all section references are to the Internal               
          Revenue Code in effect at all relevant times.                               
               2This case is appealable, barring a stipulation to the                 
          contrary, to the Court of Appeals for the Seventh Circuit.  We              
          are obligated by Golsen v. Commissioner, 54 T.C. 742 (1970),                
          affd. 445 F.2d 985 (10th Cir. 1971), to apply the independent               
          investor test articulated by the Court of Appeals in Exacto                 
                                                             (continued...)           





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