- -8 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011