Menard, Inc. - Page 3




                                        - 3 -                                         
                    Held, further:  Before MI’s income tax deficiency                 
               may be offset by the hospital tax in question, MI must                 
               eliminate or back out the deduction for such hospital                  
               tax that it claimed on its tax return for 1998.                        


               Robert E. Dallman, Vincent J. Beres, and Robert J. Misey,              
          Jr., for petitioners.                                                       
               Christa A. Gruber, J. Paul Knap, and Michael Calabrese, for            
          respondent.                                                                 


                                SUPPLEMENTAL OPINION                                  
               MARVEL, Judge:  This matter is before the Court on                     
          petitioners’ objection to respondent’s proposed Rule 1551                   
          computations submitted in response to our holdings in Menard,               
          Inc. v. Commissioner, T.C. Memo. 2004-207 (Menard I), and Menard,           
          Inc. v. Commissioner, T.C. Memo. 2005-3 (Menard II).  As                    
          discussed in greater detail below, in Menard I we held that                 
          petitioners are liable for income tax deficiencies for the                  
          taxable year ended (TYE) 1998.  In Menard II we denied                      
          petitioners’ motion for reconsideration.                                    
               The issue we must decide is whether, under the equitable               
          recoupment doctrine, petitioners are entitled to an offset                  
          against their income tax liabilities for TYE 1998 equal to the              

               1Unless otherwise indicated, all Rule references are to the            
          Tax Court Rules of Practice and Procedure, and all chapter,                 
          subtitle, and section references are to the Internal Revenue                
          Code.                                                                       






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: March 27, 2008