Legal Opinion

Dave Fischbein Mfg. Co. v. Commissioner

United States Tax Court

Decided November 27, 1972No. Docket Nos. 1453-70, 1455-70PublishedCited by 31 opinions

1. Held, that the salaries paid by petitioner-corporations to Dave Fischbein, the chairman of the board of each corporation, during the years in question herein, were reasonable in amount and a proper reflection of the value of the chairman's services rendered to each corporation. 2. Compagnie Fischbein, S.A., is a Belgian subsidiary of Dave Fischbein Co. Under the terms of subpart F of the Code, Compagnie Fischbein, S.A., is a "controlled foreign corporation" and Dave…

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1. Held, that the salaries paid by petitioner-corporations to Dave Fischbein, the chairman of the board of each corporation, during the years in question herein, were reasonable in amount and a proper reflection of the value of the chairman's services rendered to each corporation. 2. Compagnie Fischbein, S.A., is a Belgian subsidiary of Dave Fischbein Co. Under the terms of subpart F of the Code, Compagnie Fischbein, S.A., is a "controlled foreign corporation" and Dave Fischbein Co. is a "United States shareholder" of this controlled foreign corporation. Compagnie Fischbein, S.A., purchases…

1Opinion of the Court

Irwin, Judge:

These cases involve deficiencies in income tax asserted by respondent for petitioners’ taxable years as follows:

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The parties have reached settlement with respect to three of the initial issues involved in docket No. 1455-70. Irrespective of our further disposition of the remaining issues with regard to Dave Fischbein Co., a Rule 50 computation will be required.

The issues remaining for our decision are: (1) Whether salaries paid by both petitioners in 1965, 1966, and 1967 to Dave Fischbein, founder and chief executive officer of petitioners, were reasonable, in whole…

2Cases cited2 opinions

  1. Ben Perlmutter and Bernice Perlmutter v. Commissioner of Internal Revenue, the Perlmutters, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1967
  2. Perlmutter v. CommissionerUnited States Tax Court · 1965

3Cited by31 opinions

  1. Elec. Arts, Inc. v. Comm'rUnited States Tax Court · 2002
  2. American Air Filter Co. v. CommissionerUnited States Tax Court · 1983
  3. Vetco, Inc. v. CommissionerUnited States Tax Court · 1990
  4. Garnac Grain Co. v. CommissionerUnited States Tax Court · 1990
  5. Balch v. CommissionerUnited States Tax Court · 1993

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