- 16 - Termination of the SC-ABS Agreement By the Concept-Chase Lincoln agreement, Chase Lincoln agreed to waive its annual fee for the first year of a member’s participation in the credit card program. By the SC-ABS agreement, ABS agreed to pay any annual fees charged by Chase Lincoln during the remaining term of the SC-ABS agreement. For some members, their second year of participation in the credit card program began in August or September 1987. Chase Lincoln charged a membership fee for that year (the second year fee) and ABS was unable to obtain a waiver. ABS issued checks to members reimbursing them for the second year fees, but a substantial amount of those checks were dishonored by ABS’s bank. Petitioner considered ABS in breach of the SC-ABS agreement and terminated that agreement by a letter to ABS dated December 29, 1987 (the December 29 letter). The December 29 letter requested ABS to comply with Article 9 of the SC-ABS agreement, “specifically including returning to the Club all lists of Sierra Club members”. Petitioner’s Receipts Petitioner’s receipts from the credit card program were $6,021 and $303,225, for its taxable years ending September 30, 1986 and 1987, respectively. OPINION I. Introduction Respondent determined deficiencies in petitioner’s 1986 and 1987 Federal income taxes based, in part, on adjustments madePage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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