Nestle Holdings, Inc. - Page 9




                                                - 9 -                                                  
                        3.  Pursuant to T.C. Rule 155, this Court entered                              
                  a decision in this case on August 7, 1996, determining                               
                  a deficiency of income tax due from Petitioner for the                               
                  taxable year ended December 28, 1985, in the amount of                               
                  $86,323,660.  As a result of this Stipulation of                                     
                  Settled Issue, the foregoing deficiency must be                                      
                  recomputed pursuant to the parties’ stipulation of                                   
                  basis in paragraph 1.  The Court’s August 7, 1996                                    
                  decision was accompanied by a stipulation signed by                                  
                  Petitioner’s counsel and Respondent’s counsel on July                                
                  26, 1996, and August 2, 1996, respectively.   The                                    
                  stipulation accompanying the August 7, 1996 decision                                 
                  [(1996 stipulation)] controls the manner in which the                                
                  income tax at issue for the 1985 taxable year will be                                
                  recomputed.  The parties will expeditiously submit the                               
                  recomputed deficiency for the Court to enter pursuant                                
                  to Rule 155.  [Emphasis added.]                                                      
            For ease of reference, the Court provides a flowchart in the                               
            appendix which lists the various steps in this litigation.                                 
            The Parties’ Positions                                                                     
                  In the present Rule 155 computational dispute, respondent                            
            arrives at a deficiency of $8,815,210 for the 1985 tax year,                               
            while petitioner arrives at a $41,091,800 overpayment.11                                   

                  11  Sec. 6211(a) defines a deficiency as the amount by which                         
            the taxpayer’s tax liability exceeds the excess of:                                        
                        (1) the sum of                                                                 
                              (A) the amount shown as the tax by the                                   
                        taxpayer upon his return, * * * plus                                           
                              (B) the amounts previously assessed (or                                  
                        collected without assessment) as a deficiency,                                 
                        over–-                                                                         
                        (2) the amount of rebates, as defined in                                       
                  subsection (b)(2), made.                                                             
            In describing their respective positions, the parties                                      
                                                                         (continued...)                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011