Exxon Corporation and Affiliated Companies - Page 24




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          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.                                       







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