Eyefull Incorporated - Page 33

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          record contains no support for these allegations.  That                     
          petitioner’s business was interrupted for 3 months does not imply           
          that petitioner could have expected or did expect the need for a            
          3-month reserve.  Nor do we understand why operating costs, which           
          are generally not incurred during a period of business                      
          suspension, would be an appropriate measure of the funds needed.            
          The argument is a transparent effort to rationalize accumulations           
          after the fact, and respondent properly rejected it.                        
                   Building Improvements and Equipment Replacement                    
               Petitioner contends that plans for building improvements and           
          investment in new equipment, both executed during TYE 8/31/92,              
          justify accumulations of $450,000 at the end of TYE 8/31/90 and             
          TYE 8/31/91.  Respondent allowed no amounts for these purposes              
          for either taxable year.                                                    
               On its Form 1120 for TYE 8/31/92, petitioner reported                  
          capital expenditures for building improvements carried out                  
          between October 1991 and February 1992 at a cost of $352,420.               
          Testimony confirmed that this work consisted, in part, of                   
          remodeling for which petitioner had submitted an architect’s                
          plans to the county for approval in or around January 1990.  In             
          part, the work also involved correction of building code                    
          violations.  Petitioner had been notified of building code                  
          violations on several occasions between early TYE 8/31/90 and TYE           
          8/31/91, and internal corporate documents indicate that some of             
          these violations were corrected before TYE 8/31/92.  The most               




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