Custom Chrome, Inc. and Subsidiaries - Page 14

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               On petitioner’s tax returns, no original issue discount                
          (OID) was claimed as a deduction relating to the options issued             
          to FNBB.                                                                    
               For its financial accounting purposes, FNBB reported the               
          options it received in the stock of CC Holdings as an asset on              
          its books and records at a nominal value of $1,000, and for                 
          Federal income tax purposes no OID was reported as income by FNBB           
          relating to the options.                                                    
               On audit of petitioner’s taxable years 1992, 1993, and 1994,           
          and of petitioner’s claimed net operating loss carryforwards from           
          petitioner’s taxable years 1990 and 1991, respondent disallowed             
          for 1990 through 1993 the claimed business expense deductions               
          relating to Cruze’s $5 million covenant not to compete.                     
          Respondent also disallowed for 1990 the claimed business expense            
          deduction relating to the $1.25 million paid to Panzica,                    
          Battistella, and Navarra in 1989 under the bonus and                        
          noncompetition agreements.                                                  
               The basis for respondent’s disallowance for each year of the           
          claimed business expenses relating to Cruze’s $5 million covenant           
          not to compete was the determination that the payments to Cruze             
          constitute nondeductible capital expenditures.                              
               The basis for respondent’s disallowance for 1990 of the                
          $1.25 million paid to Panzica, Battistella, and Navarra                     
          apparently was the determination that the $1.25 million relates             





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