Windsor Production Corporation - Page 4

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              On June 13, 1991, respondent notified petitioner in writing             
          that petitioner was under audit for fiscal years 1987, 1988, and            
          1989.  On June 14, 1991, Saul sent petitioner an Information                
          Document Request (IDR).  In it, Saul noted that the only issue              
          Saul was considering was the amortization of film rights for 1987           
          to 1990.  The IDR led petitioner to believe that respondent would           
          not pursue the section 531 issue.  Saul did not consider                    
          asserting section 531 against petitioner then because he did not            
          believe the section 531 issue was strong for respondent.  Saul              
          told Hochheiser that he leaned against pursuing the section 531             
          issue.  However, after meeting with a reviewer in early August              
          1991, Saul concluded that respondent should assert the section              
          531 issue against petitioner on the assumption that Windsor                 
          had substantial liquidity and no plans to expand and because                
          Hochheiser did not mention expansion plans after Saul briefly               
          mentioned section 531.  Saul did not ask petitioner's owners                
          or Hochheiser about whether petitioner needed to accumulate                 
          earnings.  Saul did not ask to see petitioner's board minutes.              
              On August 19, 1991, Saul told Hochheiser that he would                  
          assert the section 531 issue because he believed petitioner had             
          no reasonable needs to accumulate earnings and the 3-year                   
          period to assess tax was about to expire.  On August 29, 1991,              
          respondent issued notices to petitioner under section 534(b)                
          proposing to assert accumulated earnings tax for each year in               
          issue.  On August 30, 1991, respondent issued a notice of                   



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