- 2 - Frederick E. Henry, Jeffrey M. O'Donnell, and Julie C. H. Walsh, for petitioners. Nancy B. Herbert and Reid M. Huey, for respondent. OPINION TANNENWALD, Judge: Respondent determined the following deficiencies in petitioner's Federal income taxes and additions to tax: Addition to Tax Year Deficiency Sec. 6661(a) 1985 $ 117,988 -- 1986 11,630,928 $1,429,687 1987 4,924,255 -- 1988 834,875 -- After concessions, the issue for decision is whether petitioner is liable for recapture in 1986 of investment tax credits (ITC) claimed on certain section 381 assets that were transferred to a wholly owned subsidiary, the stock of which was then transferred out of the consolidated group in a tax-free transaction. If this issue is resolved in favor of respondent, then the issue of the addition to tax under section 6661(a), which relates only to the recapture issue, will have to be decided.2 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 An additional issue, relating to the allocation of deductions (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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