- 33 - 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 mostPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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