130 T.C. No. 4 UNITED STATES TAX COURT MENARD, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent JOHN R. MENARD, Petitioner v. COMMISSIONER OF THE INTERNAL REVENUE, Respondent* Docket Nos. 673-02, 674-02. Filed February 19, 2008. MI is an accrual basis taxpayer with a fiscal year ending Jan. 31. S is a cash basis taxpayer who was the president, CEO, and 89-percent shareholder of MI during MI’s TYE 1998. In an earlier opinion, the Court concluded that a portion of the compensation that MI paid to S during TYE 1998 was unreasonable and represented a disguised dividend, and consequently MI was liable for an income tax deficiency to the extent S’s compensation was not deductible as an ordinary and necessary business expense. *This Opinion supplements our previously filed opinions in Menard, Inc. v. Commissioner, T.C. Memo. 2004-207, and Menard, Inc. v. Commissioner, T.C. Memo. 2005-3.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008