MULCAHY, PAURITSCH, SALVADOR & CO., LTD. v. C.I.R.

No. 11-2105.

680 F.3d 867 (2012)

MULCAHY, PAURITSCH, SALVADOR & CO., LTD., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 2012.


Attorney(s) appearing for the Case

Steven S. Brown , Daniel T. Hartnett (argued), Attorneys, Martin, Brown, Sullivan, Roadman & Hartnett, Chicago, IL, for Petitioner-Appellant.

Tamara W. Ashford (argued), Bruce R. Ellisen , Karen G. Gregory , Attorneys, Department of Justice, Tax Division, CATEPS, Washington, DC, for Respondent-Appellee.

Before BAUER, POSNER, and HAMILTON, Circuit Judges.


POSNER, Circuit Judge.

A corporation can deduct from its taxable income a "reasonable allowance for salaries or other compensation for personal services actually rendered." 26 U.S.C. § 162(a)(1); see Treas. Reg. §§ 1.162-7, 1.162-9. But it cannot deduct dividends. They are not an expense, but a distribution to shareholders of corporate income after the corporation has paid corporate income tax. Thus a corporation that can get away with pretending that...

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