Petersen v. Comm'r of Internal Revenue
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HARTZ, Circuit Judge.
*1113 This appeal concerns the propriety of the timing of deductions by a Subchapter S corporation for expenses paid to employees who participate in the corporation's employee stock ownership plan (ESOP). Stephen and Pauline Petersen and John and Larue Johnstun (Taxpayers) appeal the decision of the United States Tax Court holding them liable for past-due taxes arising out of errors in their income-tax returns caused by premature deductions for expenses paid to their Corporation's ESOP. Taxpayers contend that the Tax Court misinterpreted the Internal Revenue Code (IRC) and,…
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