- 13 - On July 22, 1993, a secondary public offering was held with stock in petitioner selling for $17.50 per share. Through this secondary offering, JC Investors sold off all of its stock in petitioner. During the years in issue, petitioner operated as an accrual basis taxpayer with a tax year ending January 31. Tax Returns and Audit On its corporate Federal income tax returns for each of its taxable years 1990 through 1993, petitioner claimed a current business expense deduction to amortize a ratable portion of the $5 million paid to Cruze in 1990 under the 3-year covenant not to compete, as follows: Tax Year Ending Amortization Claimed Jan. 31, 1990 $ 694,444 Jan. 31, 1991 1,666,667 Jan. 31, 1992 1,666,666 Jan. 31, 1993 972,223 Total $5,000,000 On its 1990 corporate Federal income tax return, petitioner claimed an ordinary business expense deduction for the total $1.25 million paid to Panzica, Battistella, and Navarra under the bonus and noncompetition agreements. On its 1992 corporate Federal income tax return, petitioner claimed a current business deduction of $1,342,347 for financing charges allegedly incurred in connection with the LBO.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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