- 24 - regarded as unsettled and contested. The language of the regulation indicates only what is “sufficient” to commence a contest and does not purport to be exhaustive. See Consolidated Indus., Inc. v. Commissioner, 82 T.C. 477, 483 (1984), affd. per curiam 767 F.2d 41 (2d Cir. 1985). In our opinion, the key portion of the above regulatory language is that found in the last sentence, namely, what do the “facts and circumstances” of each situation establish? As stated in Phillips Petroleum Co. & Affiliated Subs. v. Commissioner, T.C. Memo. 1991-257: Ultimately, a determination must be made, based upon a consideration of all the facts and circumstances. Exxon alleges that the adjustments in question (and therefore the statutory interest) should be treated as automatic and uncontested, that the existence and amount of the adjustments should be regarded as simply a matter of gathering information from Exxon's worldwide operations, and that when the figures were finalized with regard to the tax adjustments, the adjustments should be regarded as relating back and as having been fixed, definite, and uncontested from the end of the tax years to which they relate. Accordingly, Exxon argues, the related statutory interest should relate back and should be accruable ratably for each year from the due dates of the tax returns to which the tax adjustments relate. We do not agree.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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