- 29 - (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.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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