United States Eighth Circuit

In the taxpayer's appeal from a tax court's ruling that the taxpayer could not deduct payments for cash distribution redemptive dividends, the order is affirmed where, because 26 U.S.C. section 404(k) did not provide for a deduction-for-dividends-paid under 26 U.S.C. section 561, the taxpayer did not have a "deduction for dividends paid (within the meaning of section 561)" needed to satisfy the exception in 26 U.S.C. section 162(k)(A)(iii).

Appellate Information

• Decided 02/09/2010
• Published 02/09/2010

Judges

• BENTON, Circuit Judge., Before LOKEN, Chief Judge, ARNOLD and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas Walsh, argued, St. Louis, MO (Thomas Walsh, Kenneth Allen Kleban and Derek Rose, on the brief), for Appellant.


• For Appellees:
  
• Ellen Page DelSole, IRS Attorney, argued, Washington, DC (Richard Farber and Ellen Page DelSole, on the brief), for Appellee.