- 85 - 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).Page: Previous 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85
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