Legal Opinion

American Business Service Corp. v. Commissioner

United States Tax Court

Decided October 3, 1989No. Docket No. 33003-86PublishedCited by 4 opinions

T Corp. had between 80 and 128 permanent employees and approximately 13,000 temporary personnel. Its business was supplying its customers with the services of its temporary personnel for a fee. The permanent workers were employed in petitioner's central and branch offices. T paid the temporary workers their wages or salaries and issued W-2 Forms to them.

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T Corp. had between 80 and 128 permanent employees and approximately 13,000 temporary personnel. Its business was supplying its customers with the services of its temporary personnel for a fee. The permanent workers were employed in petitioner's central and branch offices. T paid the temporary workers their wages or salaries and issued W-2 Forms to them. It maintained a profit-sharing plan for all its personnel who worked a minimum of 20 hours a week, both permanent and temporary; the plan qualified under sec. 401(a), and T took deductions under sec. 404 for its contributions to the plan. It…

1Opinion of the Court

OPINION

RAUM, Judge:

The Commissioner determined deficiencies in petitioner’s 1980 and 1981 Federal income tax in the amounts of $3,680 and $12,696, respectively. The deficiencies for both years resulted from the disallowance of expense deductions taken by petitioner for the rental of a 53-foot powerboat known as the Americana. The case was submitted on the basis of a stipulation of facts.

During the years at issue, petitioner was a California corporation with a principal place of business in Newport Beach, California, and approximately 25 branch offices located primarily in central and southern…

2Cases cited4 opinions

  1. Sanford v. CommissionerUnited States Tax Court · 1968
  2. William F. Sanford v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1969
  3. Helvering v. Stockholms Enskilda BankSupreme Court of the United States · 1934
  4. Termicold Corp. v. United StatesUnited States Court of Claims · 1983

3Cited by4 opinions

  1. Texas Learning Technology Group v. CommissionerUnited States Tax Court · 1991
  2. Langer v. CommissionerUnited States Tax Court · 1990
  3. American Business Service Corp. v. CommissionerUnited States Tax Court · 1989
  4. Texas Learning Technology Group v. CommissionerUnited States Tax Court · 1991

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