Epco, Inc. and Subsidiaries - Page 24




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          Respondent's Amended Answer                                                 
               On November 12, 1997, respondent filed an Amended Answer               
          requesting that this Court redetermine petitioner's deficiency in           
          Federal corporate income tax for the 1989 tax year to be $4,537,            
          plus an increased deficiency pursuant to section 6214(a) in the             
          amount of $56,839.  Respondent apparently based the increased               
          deficiency contained in the Amended Answer on the Court of                  
          Appeals’ decision that the income petitioner received is measured           
          by the value of the sewer line which was completed in 1989.                 
               We do not agree with respondent on this issue.  Though the             
          sewer line was completed in 1989, we do not read the Court of               
          Appeals' decision as mandating that petitioner include in income            
          for 1989 all of any contribution in aid of construction income              
          received in connection with the sewer line.  Petitioner included            
          in its income for 1988 the $164,375 disbursed from escrow in 1988           
          and used in that year for construction of the sewer line.  We are           
          not persuaded that the accession to value realized during 1989              
          would be greater than $36,625, a sum commensurate with the amount           
          disbursed from escrow in 1989 to complete construction of the               
          sewer line.  Therefore the inclusion in petitioner's income for             
          1989 should be limited to $36,625.                                          
               To reflect the foregoing,                                              
                                            Decision will be entered                 
                                       under Rule 155.                               





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