- 84 - income to Mr. Mussman in 1989. They point out that in the notice of deficiency issued to the Mussmans, respondent failed to treat any portion of the $88,484 in payments as dividend income to Mr. Mussman in 1988. They assert that the $75,432 of cellular telephone investment account expenditures NITCO recorded includes $33,445.68 in payments made by NITCO in 1988. Similarly, they assert that the $13,052 of other investment account expenditures NITCO recorded includes $9,562.42 in payments NITCO made in 1988. Respondent, on the other hand, disputes that any of the $88,484 in expenditures was made by NITCO during 1988. The record does not support petitioners' claim that the $88,484 in expenditures includes cellular telephone expenditures that were made by NITCO during 1988, rather than during 1989. In the Schedule B-8 to the 1989 annual report it filed with the IURC, NITCO reported that it had $75,342 of "deferred cellular charges" and $13,052 of deferred "other" charges. Yet, in the Schedule B-8 to the 1988 annual report it filed with the IURC, NITCO reported that it had $390,000 of "extraordinary retirements" and $39,599 of deferred "other" charges. The Schedule B-8 to the 1988 report reflected no "deferred cellular charges" for 1988. We conclude that petitioners have failed to establish that the $88,484 in expenditures includes payments that were made by NITCO in 1988. At pages 39-40, supra, of our findings, we have attempted to allocate and attribute the $88,484 of expenditures to specific matters as best as we can on the record presented. WePage: Previous 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Next
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