Legal Opinion

Guardian Industries Corp. v. Commissioner

United States Tax Court

Decided July 17, 2014No. Docket No. 20755-12PublishedCited by 12 opinions

I.R.C. section 162(f) denies a deduction for "any fine or similar penalty paid to a government for the violation of any law." Section 1.162-21(a), Income Tax Regs., provides that the term "government" includes a "corporation or other entity serving as an agency or instrumentality" of a domestic or foreign government.

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I.R.C. section 162(f) denies a deduction for "any fine or similar penalty paid to a government for the violation of any law." Section 1.162-21(a), Income Tax Regs., provides that the term "government" includes a "corporation or other entity serving as an agency or instrumentality" of a domestic or foreign government. In 2008 P, a U.S. corporation, paid a fine to the Commission of the European Community (Commission) for participating in a pricefixing cartel that violated the competition provisions of European Community (EC) law. P subsequently claimed a deduction for this payment on its 2008…

1Opinion of the Court

OPINION

Lauber, Judge:

Following an examination of petitioner’s Federal income tax returns for 2005-08, the Internal Revenue Service (IRS or respondent) determined tax deficiencies and accuracy-related penalties under section 6662(a). After concessions, the remaining substantive issue concerns the deductibility of a €20 million payment that petitioner made in 2008 to the Commission of the European Community (Commission). The IRS disallowed a deduction for this payment under section 162(f), which provides that “[n]o deduction shall be allowed * * * for any fine or similar penalty paid to a…

2Cases cited54 opinions

  1. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  4. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  5. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988

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3Cited by12 opinions

  1. American Airlines, Inc. v. CommissionerUnited States Tax Court · 2015
  2. Greenoak Holdings Ltd. v. Comm'rUnited States Tax Court · 2014
  3. Bhutta v. Comm'rUnited States Tax Court · 2015
  4. CNT Investors, LLC v. Comm'rUnited States Tax Court · 2015
  5. Greenoak Holdings Limited, Southbrook Properties Limited and Westlyn Properties Limited v. CommissionerUnited States Tax Court · 2014

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