Char-Lil Corporation - Page 40

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                       Q  Is that based on a review of the returns                    
                  themselves?                                                         
                       A  Exactly.  That's all I had was just the--                   
                  I believe it was the 1993 return that the audit                     
                  began with.                                                         
                       Q  That's the only return you had looked at                    
                  that time?                                                          
                       A  Yes.  I believe that is correct.  It                        
                  was 1993 or 1992.  1994 had not been filed.  I                      
                  believe I began with the 1993 return.  It's in                      
                  the record if it needs to be verified.                              

                  Respondent's position is that the exception for                     
             adequate disclosure provided in section 6662(d)(2)(B)(ii)                
             does not apply and "the penalty should be sustained in full              
             for each of the years 1989 through 1994."  Respondent asks               
             the Court to reject petitioner's argument that the personal              
             holding company issue is apparent from the face of the                   
             returns for 1989 through 1993.  Respondent does not provide              
             an analysis of the face of the returns but argues that the               
             ability of respondent's agent to immediately spot the                    
             personal holding company tax issue does not mean that the                
             issue was adequately disclosed on the returns, within the                
             meaning of section 6662(d)(2)(B)(ii).  Respondent does not               
             address the disclosure made in petitioner's 1994 return.                 
                  Respondent also argues:                                             

                  Even if the Court were to conclude that the                         
                  relevant facts affecting the item's tax treatment                   
                  were adequately disclosed in the returns, no                        
                  evidence has been offered that the petitioner had                   



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