- 28 - 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;Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011