Exxon Corporation and Affiliated Companies - Page 28




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               The trial evidence establishes that the four major agreed              
          adjustments were resolved in the course of the audits.  But the             
          trial evidence does not establish when, during the course of the            
          audits, the four major agreed adjustments were resolved, short of           
          the end of the audits.  The mere fact that respondent’s                     
          representatives may, during the course of the audits, have had a            
          “feeling” for where Exxon’s representatives stood on the major              
          agreed issues does not rise to the level of an agreement.                   
               In our opinion, the adjustments in question and the related            
          statutory interest are to be treated as not fully settled, as not           
          sufficiently fixed and definite, as contested, and as not                   
          resolved until the end of respondent's audits, when assessments             
          of the tax deficiencies relating thereto were agreed to or when             
          the assessments occurred, at which point in time deficiency                 
          interest relating to the adjustments is accruable.                          
               We note the following points that, taken together, we regard           
          as objective evidence that Exxon's liability for the agreed                 
          adjustments was not fixed and definite until the end of the                 
          audits when the Form 870 agreements were entered into without               
          further protest or litigation by Exxon or when the assessments              
          occurred:                                                                   

               (1) Exxon’s consolidated corporation income tax returns                
               reflected amounts different from those reflected in the                
               agreed adjustments;                                                    







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