JRJ Express Incorporated, A California Corporation, d.b.a. King Express International - Page 7

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          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.                                          










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