Dharma Enterprises - Page 37

                                       - 37 -                                         

          the substantial majority of its after-tax profits to DM.  There             
          is no evidence that petitioner received any economic benefits               
          from the payments to DM beyond the value of the licensed assets.            
          The excessive portion of the payments to DM is not deductible               
          under this argument.                                                        
               In the notice of deficiency, respondent did not allow                  
          petitioner to deduct any portion of the disallowed payments to DM           
          as charitable contributions under section 170.  Petitioner did              
          not address on brief the deductibility of the excess payments to            
          DM as charitable contributions under section 170 and has not                
          proven that it is entitled to section 170 deductions.                       
          Net Operating Loss Deduction                                                
               Respondent disallowed NOL deductions in taxable years 1991             
          and 1993.  Petitioner generally has the burden of proof with                
          regard to NOL deductions.  Hill v. Commissioner, 95 T.C. 437,               
          439-444 (1990).  Petitioner contends, however, that respondent              
          has the burden to show that petitioner is not entitled to the NOL           
          carryforwards because respondent did not specify the disallowance           
          of the NOL’s in the statements or explanations attached to the              
          notice of deficiency.                                                       
               Respondent is not required to provide a factual basis for              
          disallowed deductions.  United States v. Zolla, 724 F.2d 808,               
          809-810 (9th Cir. 1984); Finkelman v. Commissioner, T.C. Memo.              
          1989-72, affd. 937 F.2d 612 (1991).  The notice must (1) advise             
          the taxpayer that respondent in fact has determined a deficiency,           
          and (2) specify the year and amount of the deficiency.  Campbell            


Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011