Alan B. Larkin v. Commissioner of Internal Revenue

McENTEE, Circuit Judge.

Petitioners, Alan B. Larkin and his brother Harold S. Larkin, each own 50% of the outstanding stock of the corporate petitioner, Register Publications, Inc. Both brothers are also officer-employees of the corporation. In the tax years 1961, 1962 and 1963 the corporation made substantial medical reimbursement payments to the Larkin brothers which it deducted as ordinary and necessary business expense in its tax returns for said years. Also, the Larkins excluded these payments from taxable income in their individual tax returns for these three years, claiming exemption…