Apollo Overseas International, Inc. - Page 8

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          Respondent in the statutory notice made no adjustment to CDFC               
          claimed as deductions by petitioner for the years here in issue.5           
                                       OPINION                                        
               The issue in this case is purely factual.  In the three                
          stipulations for trial, the parties have agreed to all but two              
          facts necessary for the computation of gross income from sales by           
          petitioner for its fiscal years 1989 and 1990.  The issue on                
          which the parties disagree is the amount of customs duties,                 
          freight charges, and other import fees properly includable in the           
          cost of purchases, and in opening and closing inventory for                 
          petitioner's fiscal years 1989 and 1990.  The parties agree that            
          customs duties paid by petitioner in each year, freight charges,            
          and other import fees paid by petitioner for delivery of the                


          5  The parties have stipulated that petitioner is liable for                
          a deficiency in income tax in the amount of $4,818 for its fiscal           
          year 1988, and have further stipulated that petitioner is liable            
          for additions to tax pursuant to secs. 6651, 6653(a), and 6661              
          for that year.  The parties have also stipulated that for its               
          fiscal year 1989, petitioner is not liable for an addition to tax           
          under sec. 6651, but that petitioner will be subject to an                  
          addition to tax under sec. 6661 for its fiscal year 1989 if there           
          is a substantial understatement of tax as defined in sec. 6661(b)           
          for that year, and that petitioner is liable for an addition to             
          tax under sec. 6653(a) if petitioner is liable for an addition to           
          tax under sec. 6661.  For its fiscal year 1990, the parties have            
          stipulated that petitioner is liable for an addition to tax under           
          sec. 6651, and that petitioner will be liable for an accuracy-              
          related penalty under sec. 6662(a) if petitioner would have had a           
          substantial understatement of income tax as defined in sec.                 
          6661(b), had sec. 6661 still been in effect.                                
               The parties have also stipulated that the purchase and sale            
          of garments and badges is an income-producing factor within the             
          meaning of sec. 1.446-1(a)(4), Income Tax Regs.                             




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