- 61 - $10,867,511 for 1989. The breakdown of these amounts is as follows: Calendar Type of Interest Year or Dividend Amount 1987 IFF $400,129 MMA 587,014 Byte 681,493 1988 IFF 1,115,904 MMA 1,751,904 InverCedes 220,178 MMA II 3,017,875 Byte 257,872 1989 IFF 402,695 MMA 800,214 Asset Management Account 12,222 Eurodeposits 1,579,147 InverCedes 1,434,760 InverCede2 92,305 Liquid Assets 379,880 11(...continued) withholding tax for calendar year 1987. Respondent contended that, because the dividend was in the statutory notice of liability for calendar year 1987, it was still in issue. Petitioners objected to the dividend issue on the ground that it was raised "only on the eve of trial." The Court denied the motions as untimely. Respondent argues on brief that "the Court did not specifically rule on petitioners’ objection" and that their objection "should be overruled." We believe that implicit in our denial of the motions to amend and to conform the pleadings to the proof was a ruling that petitioners’ objection was sustained. Consequently, we find that the $500,000 dividend is not an amount that is in issue for calendar year 1987 in the instant cases. For calendar year 1988, the parties’ stipulated joint exhibit listed in brackets a dividend in the amount of $500,000 but did not include such amount in the total amount that was subject to withholding tax. A dividend in the amount of $500,000 was not included in the statutory notice of liability for calendar year 1988. Consequently, we find that the $500,000 amount listed as a dividend in the stipulated joint exhibit is not an amount that is in issue for calendar year 1988 in the instant cases.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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