- 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
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