- 4 - statement described as a "protective disclosure statement" to satisfy section 6662(d)(2)(B),4 which stated: The taxpayer has deducted certain legal and professional fees as ordinary and necessary business expenses under section 162 of the Internal Revenue Code. The amount of the expenses deducted was $658,000. In INDOPCO, Inc. v. Commissioner, (112 S.Ct. 1039 (1992), aff'g National Starch & Chem. Corp. v. Commissioner, 918 F.2d 426 (3d Cir. 1990)), the Supreme Court held that a corporation must capitalize expenses resulting in future long-term benefits. The taxpayer believes that the facts and circumstances with respect to the deducted amounts are distinguishable from those in INDOPCO. In the notice of deficiency, respondent disallowed the $658,000 on the ground that these expenses should be capitalized. The question as to whether the $658,000 should be capitalized or allowed as an ordinary and necessary expense deduction is not directly at issue in these motions. Rather, in its motions, petitioner contends respondent made no "determination" of a deficiency with respect to $151,382 of the $658,000 expenses, and, therefore, this Court has no jurisdiction with respect to any underpayment attributable to the $151,382. Alternatively, if the Court has jurisdiction over this portion of 4 Sec. 6662(a) imposes a penalty for any portion of an underpayment in tax that is attributable to one or more of five situations described in sec. 6662(b). Under sec. 6662(d)(2)(B), any underpayment subject to the penalty shall be reduced if it is attributable to any item as to which the taxpayer had substantial authority for the treatment of such item on the return, or as to which "the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return."Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011