Pepsi-Cola Niagara Bottling Corp. v. Commissioner
United States Tax Court
Held, profit-sharing plan for all regular salaried employees of petitioner was not discriminatory in favor of officers, stockholders, persons whose principal duties consist in supervising the work of other employees, or highly compensated employees, and petitioner's contributions to a trust created as a part of the plan are deductible.
1Opinion of the Court
OPINION
Deennen, Judge:
Respondent determined deficiencies in petitioner’s income tax for the years 1961, 1962, and 1963 in the amounts of $1,749.34, $1,614.46, and $2,327.03, respectively. The only issue remaining for decision is whether petitioner is entitled to deduct all or any part of its contributions to a trust established under a profit-sharing plan adopted by petitioner in 1960 for the benefit of its permanent salaried employees.
This case was submitted on a stipulation of facts and the exhibits attached thereto, which are incorporated herein by this reference. A summary of the facts…
2Cases cited6 opinions
- Miles v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1922
- H. S. D. Co. v. Kavanagh, Collector of Internal RevenueCourt of Appeals for the Sixth Circuit · 1951
- Ryan School Retirement Trust v. CommissionerUnited States Tax Court · 1955
- Harrow-Taylor Butter Co. v. CrooksCourt of Appeals for the Eighth Circuit · 1930
- Volckening, Inc. v. CommissionerUnited States Tax Court · 1949
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Commissioner of Internal Revenue v. Pepsi-Cola Niagara Bottling CorporationCourt of Appeals for the Second Circuit · 1968
- Ed & Jim Fleitz, Inc. v. CommissionerUnited States Tax Court · 1968
- Loevsky v. CommissionerUnited States Tax Court · 1971
- United States v. George Howard Hall and Ruth HallCourt of Appeals for the Eighth Circuit · 1968
- Oakton Distributors, Inc. v. CommissionerUnited States Tax Court · 1979
25 more not listed; retrieve them via the Exa API.