Char-Lil Corporation - Page 36

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             to respondent's agent during the audit of petitioner's                   
             returns.  On the other hand, petitioner's argument is                    
             inconsistent with petitioner's reporting of its real                     
             property sales using the installment method and, in                      
             effect, representing that none of those sales involved                   
             a "disposition of real property which is held by the                     
             taxpayer for sale to customers in the ordinary course of                 
             the taxpayer's trade or business."  See sec. 453(l)(1)(B),               
             (b)(2)(A).                                                               
                  We also agree with respondent regarding the allocation              
             of petitioner's expenses.  Respondent accepts petitioner's               
             position with respect to the allocation of legal and                     
             accounting expenses, franchise taxes, and income taxes.                  
             Accordingly, we need not discuss those expenses.  In the                 
             case of Mr. McKelvey's compensation, the payroll tax                     
             attributable thereto, and the expense for the automobile                 
             furnished to Mr. McKelvey, we agree with respondent that                 
             petitioner's proposed allocation is not reasonable in light              
             of Mr. McKelvey's testimony regarding the small amount of                
             time he spent collecting note payments and the fact that                 
             petitioner did not purchase or sell any real estate during               
             1992 or 1993.  Similarly, petitioner has failed to                       
             establish a factual basis to allocate its miscellaneous                  
             expenses, its expenses for supplies, and its expenses for                
             utilities and telephone.  This is particularly true in                   



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