Exxon Corporation and Affiliated Companies - Page 29




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               (2) The adjustments were raised by respondent in                       
               written format in Forms 5701;                                          
               (3) Exxon did not indicate on the Forms 5701 agreement                 
               to the adjustments;                                                    
               (4) With few exceptions, Exxon did not provide any                     
               other written statements to respondent of agreement to                 
               the adjustments until the Form 870 agreements were                     
               entered into; and                                                      
               (5) In petitions filed in this Court for 1979 through                  
               1982, Exxon did challenge a number of the so-called                    
               agreed adjustments, contrary to Exxon’s claim that                     
               these adjustments were routinely agreed to for each                    
               year.                                                                  

               Based on the evidence before us, we conclude that the                  
          statutory interest in question, relating to the agreed                      
          adjustments and agreed tax deficiencies assessed by respondent              
          against Exxon at the conclusion of the audits for the years 1972            
          through 1978, does not satisfy the all-events test of section 461           
          and is not accruable until the end of the audits when Exxon, for            
          the years 1972 through 1977, reflected its agreement thereto in             
          the Form 870 agreements or, for 1978, when the assessment                   
          occurred.                                                                   
               In light of our findings and conclusion set forth above, it            
          is not necessary to address other arguments made by respondent as           
          to the proper accrual of the interest in question.                          











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