Eyefull Incorporated - Page 31

                                       - 31 -                                         
               Petitioner presented expert testimony that it would have               
          been reasonable to set aside $100,000 to $250,000 to provide for            
          the legal expense of defending itself against exclusionary                  
          zoning.  Petitioner argues that it was therefore justified in               
          accumulating this amount in each taxable year.  If petitioner in            
          fact planned accumulations for this purpose, the accumulations              
          may well have been justified.  The existence of a reasonable                
          need, however, does not suffice to establish the existence of a             
          specific, definite, and feasible plan to meet the need.                     
          Snow Manufacturing Co. v. Commissioner, 86 T.C. at 277.  Krontz             
          testified that he had been expecting Ordinance No. 3465 for some            
          time before its enactment in October 1991.  Yet there is no                 
          evidence that petitioner’s management formulated plans to                   
          challenge the ordinance, let alone provide for the costs of such            
          a challenge at any time during the years at issue.  Based upon              
          the company’s experience challenging the constitutionality of the           
          predecessor of Ordinance No. 3465 between 1985 and 1987, it would           
          have been reasonable to expect the costs of such litigation would           
          be spread over more than 1 year and could easily be covered by              
          the current year’s cash flow.  Petitioner’s total legal expenses            
          during the years of the prior litigation amounted to only                   
          approximately $70,000.  We are not persuaded that any portion of            
          the accumulations for TYE 8/31/89 through TYE 8/31/92 can be                
          accounted for by plans to provide for anticipated legal expenses.           
                               Workers’ Compensation                                  




Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011