- 7 - companies pursuant to the Distribution Agreement. This amount totaled 45 percent of petitioner's gross mail courier revenues for the year or $5,163,888. In addition, petitioner deducted other expenses totaling in excess of $6 million and compensation to officers in the amount of $1.87 million. Notice of Deficiency In the notice of deficiency, of the total deductions claimed on petitioner's 1993 fiscal year income tax return (apparently including the amount paid pursuant to the Distribution Agreement), respondent disallowed $2,952,091 on the basis that the disallowed deductions were not for petitioner's "own ordinary and necessary business expenses" but rather were for expenses of the Guatemalan companies controlled by petitioner's sole shareholder's brothers. Respondent calculated this $2,952,091 using an indirect method beginning with the cost of postage on items mailed to U.S. destinations. Respondent then allocated a portion of petitioner's indirect expenses to what respondent characterizes as the cost of processing and delivering mail from Guatemala to the United States. Due to a mathematical adjustment, respondent subsequently reduced the disallowed amount to $2,274,751 and made a corresponding reduction in the proposed penalty.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011