GAC Produce Co., Inc., An Arizona Corporation - Page 68




                                        - 68 -                                         

              11.  Petitioner is entitled to deductions for "bad debt                  
         expense" for years ending June 30, 1989, 1990, 1991, and 1992,                
         only in the amounts of $164,000, $49,201, $130,869, and $4,342,               
         respectively.  Although respondent concedes this issue in the                 
         instant case, respondent does not agree that absorption of the                
         bad debt expenses by petitioner, the produce distributor, for the             
         grower is a practice common in the produce industry, but                      
         continues to maintain the positions that (1) a produce                        
         distributor's absorption of the bad debt expense for the grower               
         is not a practice common in the produce industry, and (2) any bad             
         debt expense absorbed by petitioner can be taken into account                 
         when calculating the section 482 commission adjustments and/or                
         additions to tax or penalties.                                                
              12.  Petitioner must recognize a $525,000 gain for year                  
         ending June 30, 1990, from the sale of the RCLA Division to                   
         Alejandro Canelos.  In addition, petitioner does not have to                  
         recognize any gain from the sale of the RCLA Division for year                
         ending June 30, 1991, and petitioner is not liable for any                    
         penalty under section 6662(a) for year ending June 30, 1991,                  
         relating to the sale of the RCLA Division property.  Petitioner               
         is liable for a penalty under section 6662(a) for a substantial               
         valuation misstatement as described in section 6662(e) for year               
         ending June 30, 1990, relating to the $525,000 gain on the sale               
         of the RCLA Division property.                                                
              13.  Petitioner is entitled to a deduction for "depreciation             
         expense" for the year ending June 30, 1991, only in the amount of             
         $214,798.                                                                     
              14.  Petitioner is entitled to a "net operating losses"                  
         deduction for year ending June 30, 1989, in the amount of                     
         $651,171.  The $651,171 is the entire allowable "net operating                
         losses" deduction arising from years prior to year ending June                
         30, 1989.  Unless this Court's determination of the unresolved                
         issue in the instant cases results in a "net operating loss" for              
         any of the years ending June 30, 1989, 1990, or 1991, petitioner              
         will not be entitled to carry forward any "net operating losses"              
         to year ending June 30, 1992.                                                 
              15.  Petitioner must recognize "additional income" for year              
         ending June 30, 1992, in the amount of $19,645.                               
              16.  Petitioner is entitled to a deduction for "charitable               
         contributions" for year ending June 30, 1992, only in the amount              
         of $4,470.                                                                    






Page:  Previous  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  Next

Last modified: May 25, 2011