Paul Frehe Enterprises, Inc. - Page 4

          deductions for contributions to individual defined benefit                  
          pension plans.                                                              
               Many of the issues raised in petitioner's Motion for Award             
          of Reasonable Litigation Costs were answered by this Court in               
          Price v. Commissioner, 102 T.C. 660, 662-665 (1994), affd.                  
          without published opinion sub nom. TSA/Stanford Associates, Inc.            
          v. Commissioner, 77 F.3d 490 (9th Cir. 1996).  There is no need             
          to repeat that discussion.                                                  
               The statutory notice of deficiency in this case was issued             
          by respondent on July 22, 1991.  The petition was filed on                  
          September 30, 1991.  In June of 1995, respondent made a full                
          concession of the underlying actuarial issues.  A decision of no            
          deficiency in income tax and no additions to tax was signed by              
          petitioner's counsel on June 29, 1995, and by respondent's                  
          counsel on July 13, 1995, and was filed with this Court as a                
          Settlement Stipulation on July 18, 1995.                                    
               During this intervening period prior to respondent's                   
          concession, the following cases were decided by this Court in               
          favor of the taxpayers and were affirmed by the Courts of Appeals           
          for the Fifth, Second, and Ninth Circuits:  Vinson & Elkins v.              
          Commissioner, 99 T.C. 9 (1992), affd. 7 F.3d 1235 (5th Cir.                 
          1993); Wachtell, Lipton, Rosen & Katz v. Commissioner, T.C. Memo.           
          1992-392, affd. 26 F.3d 291 (2d Cir. 1994); and Citrus Valley               
          Estates v. Commissioner, 99 T.C. 379 (1992), affd. in part and              
          remanded in part 49 F.3d 1410 (9th Cir. 1995).  These were                  

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