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-2 - Anne G. Batter, for petitioner. Robert M. Fowler, for respondent. OPINION GERBER, Judge: The parties filed cross-motions for partial summary judgment, seeking resolution of whether petitioner is allowed to deduct its expenses in operating its company aircraft for the benefit of employees or whether the deduction is limited to the value of the use of the aircraft--the amount reportable by petitioner’s employees. The parties’ controversy raises the question of whether and how section 2741 applies for petitioner’s 1992 and 1993 taxable years. Background Petitioner is a corporation with its principal place of business in Kansas City, Missouri. Petitioner’s president and vice president are Dwight Sutherland (Dwight) and Perry Sutherland (Perry), respectively. Petitioner is principally engaged in the retail lumber business with outlets located in eight Texas cities. In addition to the retail lumber business, petitioner owned a 1976 Model 25 Lear Jet, which was used for travel related to the lumber business and for its air charter 1 Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the taxable years under consideration, and Rule references are to the Tax Court’s Rules of Practice and Procedure.PDF Image | SUTHERLAND LUMBER-SOUTHWEST
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