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