- 7 - to a formula and was subject to a reimbursement agreement that required Mr. Menard to reimburse Menards if any portion of the bonus was disallowed as a deduction. For TYE 1998, the formula resulted in a bonus that, when added to Mr. Menard’s other compensation, substantially exceeded the compensation paid to CEOs in comparable companies. Petitioners timely filed a motion for reconsideration of our opinion. In the motion, petitioners (1) challenged our evidentiary ruling excluding, as irrelevant, the portion of Exhibit 17-J that summarized Menards’s officer compensation for taxable years ended before 1991 and (2) challenged our application of the “purely for services” prong of the section 162 test for the deductibility of compensation. In support of their motion, petitioners argued, with respect to Exhibit 17-J, that “other tax years may be relevant to the years in issue by showing a pattern of behavior.” With respect to the “purely for services” prong of the section 162 test, petitioners argued that the holding of the Court of Appeals for the Seventh Circuit “requires a finding of bad faith by the taxpayer and there has been no bad faith in this case.” Discussion I. Admissibility of Excluded Portion of Exhibit 17-J Petitioners argue that information regarding Menards’s officer compensation for taxable years ended before 1991 may bePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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