211996P.pdf   04/26/2022  Aspro, Inc.  v.  CIR
   U.S. Court of Appeals Case No:  21-1996
   United States Tax Court   
   [PUBLISHED] [Gruender, Author, with Chief Judge Smith and Judge Kobes, 
   Circuit Judges] 
   Tax Court - Tax. In tax dispute whether management fees paid to 
   stockholders were deductible, as compensation for services or disguised 
   distribution of corporate earnings, the tax court did not clearly err in 
   finding Aspro failed to show the management fees were reasonable and did 
   not present evidence showing what like enterprises under like 
   circumstances would ordinarily pay for like management services. The 
   management fees were paid in proportion to the stockholders' interests, 
   the process of setting the fees was unstructured, and the fees bore no 
   relation to the services rendered by the stockholders. Payments were made 
   as lump sums at the end of the tax years and dividends were not paid. Tax 
   Court did not abuse its discretion in excluding taxpayer's experts, as one 
   did not assist the trier of fact to understand the evidence or determine a 
   fact in issue and instead relied on personal experience, and the other 
   expert merely summarized the facts in the light favorable to the taxpayer 
   based on his personal belief.