- 3 - VI. Are Petitioners Entitled to Setoffs to Any of the Section 482 Allocations That Have Been Sustained? . . . . . . . . . . . . . . 159 VII. Section 6662 Penalties . . . . . . . . . . . . . . . 163 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . 171 MEMORANDUM FINDINGS OF FACT AND OPINION GERBER, Judge: Respondent determined deficiencies in income tax and penalties for petitioners’ 1990, 1991, and 1992 taxable years as follows: Additions to Tax Sec. Sec. Year Deficiency 6662(a) 6662(h) 1990 $194,534,167 $3,036,446.00 $71,740,776 1991 13,912,891 1,599,675.20 2,365,806 1992 216,139,109 1,835,598.00 82,784,448 In addition, respondent denied timely filed claims for refund by petitioners with respect to the taxable years ended December 31, 1990, 1991, and 1992, in the amounts of $62,851, $920,991, and $3,208,934, plus interest thereon, respectively. The following issues remain for our consideration: (1) Whether respondent’s determinations in the statutory notices of deficiency were arbitrary, capricious, or unreasonable; (2) whether petitioners and certain other entities were commonly controlled, for purposes of section 482,1 on or after December 7, 1990; (3) whether petitioners realized additional capital gain on the sale of the DHL trademark; (4) whether petitioners’ postsale 1 Unless otherwise stated, section references are to the Internal Revenue Code as amended and in effect for the periods under consideration. Rule references are to this Court's Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011