- 14 - On petitioner’s tax returns, no original issue discount (OID) was claimed as a deduction relating to the options issued to FNBB. For its financial accounting purposes, FNBB reported the options it received in the stock of CC Holdings as an asset on its books and records at a nominal value of $1,000, and for Federal income tax purposes no OID was reported as income by FNBB relating to the options. On audit of petitioner’s taxable years 1992, 1993, and 1994, and of petitioner’s claimed net operating loss carryforwards from petitioner’s taxable years 1990 and 1991, respondent disallowed for 1990 through 1993 the claimed business expense deductions relating to Cruze’s $5 million covenant not to compete. Respondent also disallowed for 1990 the claimed business expense deduction relating to the $1.25 million paid to Panzica, Battistella, and Navarra in 1989 under the bonus and noncompetition agreements. The basis for respondent’s disallowance for each year of the claimed business expenses relating to Cruze’s $5 million covenant not to compete was the determination that the payments to Cruze constitute nondeductible capital expenditures. The basis for respondent’s disallowance for 1990 of the $1.25 million paid to Panzica, Battistella, and Navarra apparently was the determination that the $1.25 million relatesPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011