Legal Opinion
Bernard McMenamy Contractor, Inc. v. Commissioner of Internal Revenue
Court of Appeals for the Eighth Circuit
Decided May 7, 1971No. 20625PublishedCited by 33 opinions
1Opinion of the Court
ALDRICH, Circuit Judge.
Taxpayer corporation, contrary, perhaps, to usual practice, requested a qualification ruling on its profit-sharing plan only after it had put it into effect. By the time the ruling came down, unfavorably, several tax years had passed. The Commissioner asserted an income tax deficiency on the ground that the contributions made to the plan were not deductible under the Internal Revenue Code of 1954, 26 U.S.C. § 401, upon which taxpayer had relied. The Tax Court affirmed, by a divided court, 54 T.C. 1057 (1970), and taxpayer appeals. 1
The difficulty with taxpayer’s plan is…
2Cases cited3 opinions
- Commissioner of Internal Revenue v. Pepsi-Cola Niagara Bottling CorporationCourt of Appeals for the Second Circuit · 1968
- Bernard McMenamy, Contractor, Inc. v. CommissionerUnited States Tax Court · 1970
- Philip M. Auner v. United StatesCourt of Appeals for the Seventh Circuit · 1971
3Cited by33 opinions
- Lansons, Inc. v. CommissionerUnited States Tax Court · 1978
- Liberty Machine Works, Inc. v. CommissionerUnited States Tax Court · 1974
- Quality Brands, Inc. v. CommissionerUnited States Tax Court · 1976
- Tamko Asphalt Products, Inc. v. CommissionerUnited States Tax Court · 1979
- Cornell-Young Company v. United States of America, MacOn Prestressed Concrete Company v. United StatesCourt of Appeals for the Fifth Circuit · 1972
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