- 6 - respondent determined that petitioner was not entitled to a royalty expense deduction for the portion of the royalty fees paid to Mr. Paul (the Contested Payments).5 At the time, respondent's theory for disallowing the deduction was not clear. Respondent issued a notice of deficiency for the taxable years 1992 through 1994 on February 25, 1997. Petitioner filed its petition in this case on May 16, 1997. Subsequently, on December 9, 1997, the Court served notice that this case would be called for trial in San Diego, California, on May 11, 1998. Shortly before that date, on May 4, 1998, Kevin M. Bagley entered his appearance as petitioner's co-counsel. Two days later, on May 6, 1998, the parties placed a telephone conference call to Domino's counsel. During this call, Mr. Bagley asked Domino's counsel regarding the consequences if petitioner failed to make the Contested Payments to Mr. Paul. Domino's counsel advised the parties that Domino's would be entitled to sue petitioner to recover the unpaid royalty. Pursuant to this conversation, respondent conceded the deductibility of the Contested Payments on May 7, 1998, by executing a stipulated decision, which was entered by the Court on May 14, 1998. Thereafter, on August 10, 1998, petitioner 5 Respondent made certain other adjustments that are only computational that result from the disallowance of the royalty expense deduction for the Contested Payments.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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