Dartmouth Clubs, Inc. - Page 6




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          $309,923 and $326,767 in 1994 and 1995, respectively, for                   
          management consulting fees paid to Lauzon, Jr.  The $104,000                
          payments were also recorded on petitioners books as management              
          consultant fees paid to Lauzon, Jr.; however, petitioner later              
          reclassified these payments as expenses incurred in scouting new            
          talent.  Considering the amount of the management consultant fees           
          paid to Lauzon, Jr., the Appeals officer believed that the                  
          $104,000 payments may have been excessive compensation.                     
               Accordingly, on September 10, 1999, the Appeals officer                
          initiated a discussion with petitioner's accountant to resolve              
          this last item.  On September 16, the Appeals officer and                   
          petitioner agreed to split the $104,000--one-half of the amount             
          claimed was allowed as a deduction in each year, and one-half was           
          disallowed.                                                                 
               On September 24, 1999, the Appeals officer received the                
          audit department's computation and prepared the stipulated                  
          decision document.  The decision document showed income tax                 
          deficiencies of $8,354 and $8,000 for 1994 and 1995,                        
          respectively.  On October 30, 1999, Mr. Patten signed the                   
          stipulated decision document and respondent signed it two days              
          later.  The Court entered the stipulated decision on November 5,            
          1999.                                                                       
               Petitioner thereafter filed a motion to vacate the decision            
          and a motion for administrative and litigation costs. Petitioner            
          claims that it incurred $61,632 in administrative and litigation            




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