- 15 - primarily to the noncompetition agreements each of these individuals entered into, not to payments for services rendered in prior years. Because Panzica’s, Battistella’s, and Navarra’s 3-year noncompetition obligations were not triggered until they left employment with petitioner and because, in 1990, Panzica, Battistella, and Navarra still worked for petitioner, respondent determined that no portion of the $1.25 million should be deducted in 1990 or in later years before the Court. For 1992, respondent disallowed the $1,342,347 that petitioner claimed as deductible financing charges on the grounds that the expenses constitute nondeductible capital expenditures relating to acquisition of the stock in petitioner. Respondent now agrees that $692,347 of the $1,342,347 was properly deducted by petitioner as ordinary business expenses. Only $650,000 remains in dispute as alleged nondeductible capital expenditures. Although not claimed on its 1990 through 1994 corporate Federal income tax returns as filed, petitioner in its petition affirmatively asserts beginning for 1990 (in order to increase or to maintain the amount of the NOL claimed from 1990) and later years, or beginning for 1992 and later years, that it is entitled to amortize a portion of the claimed $3,068,750 as original issue discount relating to the options that were issued to FNBB. Alternatively, petitioner argues that the $3,068,750 should bePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011