- 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. CampbellPage: 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