Seminole Thriftway, Inc. v. United States

OPINION

YOCK, Judge.

This case comes before the Court on the defendant’s Motion for Summary Judgment *586pursuant to Rule 56 of the Rules of the United States Court of Federal Claims (“RCFC”). The plaintiff contends that Internal Revenue Code (“I.R.C.”) § 162(a), 26 U.S.C. § 162(a) (1994), permits the plaintiff to deduct as “ordinary and necessary business expenditures” guarantor fees it paid to its shareholders for acting as the plaintiffs guarantors in a financing arrangement. The defendant counters that because the plaintiff had no obligation to pay the guarantor fees to the shareholders,…