Menard, Inc. - Page 5




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          2001, respondent sent to Menards a notice of deficiency with                
          respect to its TYE 1998.  Menards timely petitioned this Court              
          seeking a redetermination of the deficiency.                                
               Mr. Menard is a cash basis taxpayer with a taxable year                
          ending December 31.  Between March 30 and April 15, 1999, Mr.               
          Menard timely filed Form 1040, U.S. Individual Income Tax Return,           
          for 1998.  On October 12, 2001, respondent sent a separate notice           
          of deficiency to Mr. Menard with respect to 1998.  Mr. Menard               
          timely petitioned this Court seeking a redetermination of the               
          deficiency.                                                                 
               The two cases were consolidated for trial, briefing, and               
          opinion.  Following a trial and the submission of posttrial                 
          briefs, we issued our opinion in Menard I holding, among other              
          things, that Menards was not entitled to a business expense                 
          deduction for a significant portion of the compensation it paid             
          to Mr. Menard for 1998 because the compensation was unreasonable,           
          was not paid entirely for personal services, and was properly               
          characterized as a disguised dividend to Mr. Menard.  Separately,           
          we sustained respondent’s determination that Mr. Menard was                 
          liable for an income tax deficiency to the extent that Menards’s            
          payment of certain expenses on Mr. Menard’s behalf was                      
          unreasonable and constituted a constructive dividend to Mr.                 
          Menard.                                                                     








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