- 41 - The important point to remember is that a commission rate should be determined empirically to insure that you and your agencies can make money--read profits. It was not an abuse of the Commissioner's discretion under section 6038A to assume that a fair gross profit spread is one that would allow petitioner to make an overall profit. Petitioner also argues that Ms. Hamilton erroneously increased the gross profit spread beyond the base adjustment (from 10 to 15 percent). However, petitioner admits that it performed additional services for ASAT, Ltd. Given the latitude mandated by section 6038A, we cannot say that the Commissioner abused her discretion by increasing the base spread by 5-percent for the additional services. Even without the MANA survey, Ms. Hamilton's and the IRS economist's experiences with similar taxpayers support a gross profit spread in the 10 to 15-percent range, establishing that the IRS's determination was not an abuse of discretion. We hold that petitioner has failed to show a section 6038A abuse of discretion in respondent's determination. D. NOL No NOL deduction is allowed since it was created using a 6- percent gross profit spread.20 Petitioner admits that a 15- percent gross profit spread in earlier years would eliminate its NOL deduction. 20 Petitioner's gross profit spread for the 1990 tax year appears to be zero.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011