Stephen H. Glassley and Judith Glassley, et al. - Page 85

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               JDP (and thus petitioners) claimed deductions for research             
          and development expenditures that we found were in actuality                
          nondeductible contributions to capital.  Such deductions caused a           
          material distortion of their income.  See Lieber v. Commissioner,           
          supra; Upham v. Commissioner, supra.  The underpayment resulting            
          from such disallowed deductions is therefore attributable to a              
          tax-motivated transaction.  Accordingly, petitioners are liable             
          for the additional interest determined in the notices of                    
          deficiency or asserted by amendment to answer.  Respondent is               
          sustained on this issue.                                                    
               To reflect the foregoing,                                              

          Decisions will be entered for                                               
          respondent in docket Nos. 13431-89                                          
          and 24177-89.                                                               
          Decision will be entered under                                              
          Rule 155 in docket No. 19140-89.                                            






          22(...continued)                                                            
               disallowed for any period because (i) the expenditure                  
               resulting in the deduction was a deposit rather than a                 
               payment, (ii) the expenditure was prepaid for tax                      
               avoidance purposes and not for a business purpose, or                  
               (iii) the deduction resulted in a material distortion                  
               of income (see, e.g., Rev. Rul. 79-229, 1979-2 C.B.                    
               210).                                                                  





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