Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 24

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               It is determined that you incurred management service                  
               fees of $332,717.00 in lieu of the $1,239,596.00                       
               reported on your return for the tax year ended June 30,                
               1987.  The adjustment of $906,879.00 results from the                  
               disallowance of amounts paid by you to Pertinax,                       
               Limited * * *, for management services provided to the                 
               taxpayer by Pertinax.  This adjustment is made because                 
               you have failed to establish that the amounts paid were                
               incurred, or if incurred, were paid by you during the                  
               taxable year for ordinary and necessary business                       
               purposes; or that actual management services were                      
               provided for the fees paid.  [Emphasis added.]                         
          Finally, with respect to wage expenses, the notice states:                  
               It is determined that you incurred wage expense on your                
               tax return of $687,167.00 in lieu of the $1,571,315.00                 
               reported on your return for the tax year ended June 30,                
               1987.  The adjustment of $884,148.00 results from the                  
               disallowance of amounts paid by you to Pertinax,                       
               Limited * * *, and deducted by you as reimbursement for                
               the wages paid to the officers of this corporation who                 
               were classified as employees of Pertinax, Limited.                     
               This adjustment is made because you have failed to                     
               establish that the amounts paid were incurred, or if                   
               incurred, were paid by you during the taxable year for                 
               ordinary and necessary business purposes, or that the                  
               individuals classified as employees of Pertinax were                   
               not, in fact, employees of this taxpayer corporation                   
               under the provisions of the Internal Revenue Code.                     
               [Emphasis added.]                                                      
          The notice to Edco contains substantially identical language.               
               Respondent's answers, filed on July 11 and July 26, 1991,              
          implicitly not only deny that these three categories of payment             
          were fair and reasonable, but also that they were even incurred.            
          Respondent's trial memoranda for the Alondra and Edco cases made            
          clear that respondent was going to require petitioners to                   
          establish that the three categories of expenditures had been paid           
          or incurred.  Corporate petitioners' motion argues that                     
          substantiation of the payments was a new matter not mentioned in            




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