Apollo Overseas International, Inc. - Page 15

                                        -  -15                                           
          subsequent to the years at issue to show that the badges sold               
          were subject to customs duties and freight charges.  Petitioner             
          further relies on the Harmonized Tariff Schedule to determine the           
          applicable percentages for badge sales.                                     
               The evidence shows that petitioner imported cloth badges               
          from Taiwan.  The evidence further shows the amount of gross                
          sales and cost of goods sold other than customs duties, freight             
          charges, and other fees for the badges.  It is also evident that            
          customs duties were charged to badge shipments in years after the           
          years here in issue.  From this evidence, and relying somewhat on           
          the testimony of Mr. Lee, we conclude that customs duties and               
          freight charges were paid with respect to badges during the years           
          at issue.  Petitioner contends, as with the garment sales, that             
          we simply multiply the sales price of the badges by the rate                
          shown on the Harmonized Tariff Schedule.  Since there are two               
          rates that petitioner contends could be applicable from the                 
          Harmonized Tariff Schedule, 8.4 percent for 100-percent rayon               
          woven embroidered badges with visible ground, or 16 percent for             
          100-percent rayon woven embroidered badges without visible                  
          ground, petitioner has applied an average rate of 12.2 percent,             
          which calculates to customs duties allowable of $69,073.47 and              
          $123,890.14, for its fiscal years 1989 and 1990, respectively.              
          However, petitioner deducted on its tax returns only $33,318 and            
          $53,790 for freight and delivery of badges for its fiscal years             
          1989 and 1990, respectively.  There is no separate deduction for            




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