ASHARE v. COMMISSIONER

Docket No. 18439-97.

78 T.C.M. 348 (1999)

T.C. Memo. 1999-282

Law Offices — Richard Ashare, P.C. v. Commissioner.

United States Tax Court.

Filed August 24, 1999.


Attorney(s) appearing for the Case

Gordon S. Gold, David J. Lieberman, and Barry R. Bess,1 for the petitioner. Trevor T. Wetherington and Robert D. Heitmeyer, for the respondent.


MEMORANDUM FINDINGS OF FACT AND OPINION

LARO, Judge:

Petitioner petitioned the Court to redetermine an income tax deficiency of $546,634 for 1990. The deficiency stems from respondent's determination that petitioner may not deduct $1,750,000 paid to its shareholder/employee in 1993 reportedly as compensation. Petitioner reported a net operating loss (NOL) for 1993 that it carried back to 1990.

We must decide the following issues:

1. Whether...

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