- -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 forPage: 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