GAC Produce Co., Inc., An Arizona Corporation - Page 69




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              17.  Petitioner must recognize additional "interest income",             
         computed under section 482, for year ending June 30, 1989, in the             
         amount of $150,000.  The $150,000 is subject to an addition to                
         tax under section 6651(a)(1).  The additions to tax under                     
         sections 6653(a)(1) and 6661(a) do not apply to the $150,000.                 
              18.  Petitioner does not have to recognize any "interest                 
         income", computed under section 482, for years ending June 30,                
         1990, 1991, and 1992.  The penalties under section 6662(a), (d)               
         do not apply to the "interest income", computed under section                 
         482, for years ending June 30, 1990 and 1991.  There are no                   
         additions to tax under section 6651(a)(1) and (2), or penalty                 
         under section 6662(a) relating to the "interest income", computed             
         under section 482, for year ending June 30, 1992.                             
              19.  Section 59A controls the environmental tax deduction,               
         and that deduction will be calculated based on the Court's final              
         determination as to the taxable income for years ending June 30,              
         1989, 1990, 1991, and 1992.                                                   
              20.  For the years in issue, petitioner was a member of a                
         controlled group, as defined in section 1563.  The income tax                 
         brackets, environmental tax exemptions, and any other tax                     
         benefits described in section 1561, will be allocated equally                 
         among the members of the controlled group as specified in section             
         1561 for years ending June 30, 1989, 1990, 1991, and 1992.  For               
         years ending June 30, 1989 and 1990, the controlled group                     
         consisted of petitioner and Apollo Produce Distributing, Inc.                 
         For years ending June 30, 1991 and 1992, the controlled group                 
         consisted of petitioner, Apollo Produce Distributing, Inc., and               
         RCLA, Inc.                                                                    



















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