- 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
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