Southern Boiler Sales & Service, Inc. - Page 25

                                       - 25 -                                         
          each had properly reported the various items separately.  Shortly           
          before trial petitioner conceded that the two were really a                 
          single corporation and stipulated to (or never challenged) the              
          adjustments in the notice of deficiency for gross receipts, costs           
          of sales, interest income, and other deductions.                            
               Thus, the experiment with No. 2 was brief, and the Court               
          cannot conclude that it was originally unreasonable or done in              
          bad faith.  That petitioner's legal position has now been                   
          abandoned and that petitioner has now conceded it and No. 2 were            
          essentially a single corporation do not automatically mean that             
          petitioner was negligent or that there was not a reasonable cause           
          for, and that petitioner did not act in good faith in taking, its           
          original position.11                                                        
               Accordingly, to the extent that any underpayment properly              
          defined for the taxable year ended July 31, 1990, is attributable           
          to combining the gross receipts, costs of sales, interest income,           
          and other deductions of petitioner and No. 2, the Court does not            
          sustain respondent's determination of a negligence penalty.                 

          11  See, however, supra note 8.  If petitioner were                         
          contending that some part of the reported gross receipts for the            
          taxable year ended July 31, 1990, should be reduced by No. 2's              
          August 1989 bank deposits allegedly representing payment for work           
          performed during FYE 7-31-88, the Court would conclude otherwise            
          on the negligence penalty issue.  No. 2 was not even organized              
          until March 23, 1989.  The Court does not think that petitioner             
          could in good faith have thought that income earned by petitioner           
          during FYE 7-31-88 (8-01-87 to 7-31-88) could be treated as No.             
          2's gross receipts.  However, the Court has not found that any              
          part of No. 2's August 1989 bank deposits represent gross                   
          receipts to be shifted to another fiscal year, so the Court's               
          concern becomes moot.                                                       



Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011