- 4 - increased credits be disallowed. In addition, the engineer’s 1994 report reflected an amount that the engineer believed was allowable if respondent was incorrect regarding the legal theory for disallowance of the research credits attributable to fixed- price Government contracts. The 1994 notice of deficiency made no reference to the increased credits claimed by petitioner. At the time of the engineer’s 1994 report, the Government was engaged in litigation with another taxpayer involving a substantially similar theory for disallowing research credits attributable to fixed-price Government contracts. At the time of the issuance of the notice of deficiency and the filing of the petition in this case, respondent’s legal approach had been approved by the Court of Federal Claims. See Fairchild Indus., Inc. v. United States, 30 Fed. Cl. 839 (1994). The decision in Fairchild was on appeal during the pendency of this Court’s pretrial order. In its petition, petitioner claimed entitlement to the increased credits, and, in her answer, respondent denied that petitioner was entitled to such credits. In an October 1995 status report to the Court, respondent stated, concerning the issue of whether petitioner was entitled to the increased credits, that “the parties expect to enter into stipulations which establish the amounts of increase in petitioner’s R&E [research] Expenses for each period. The issue will be whether these R&E [research] Expenses were ‘funded’ by the contracts.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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