Howard E. Clendenen and Howard E. Clendenen, Inc. v. Commissioner of Internal Revenue

RICHARD S. ARNOLD, Circuit Judge.

Howard E. Clendenen and Howard E. Clendenen, Inc., his wholly owned corporation, appeal decisions of the Tax Court 1 in favor of the Commissioner of Internal Revenue. The Tax Court properly decided that the issues were controlled by stipulations signed by the parties. The Tax Court’s judgments are affirmed.

I

The Commissioner issued notices of deficiency to Clendenen and the corporation stating, among other things, that the corporation’s Employee Stock Ownership Plan (ESOP) was disqualified for certain years under I.R.C. § 401(a). Both Clende-nen and the…