Talley Industries, Inc. and Consolidated Subsidiaries - Page 3




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               deductible.  If the $940,000 represents a payment of                   
               double damages, a further genuine issue of fact exists                 
               as to whether the parties intended the payment to                      
               compensate the government for its losses (deductible)                  
               or to punish or deter Talley and Stencel                               
               (nondeductible).  [Citation omitted.]                                  
          Id.                                                                         
                                  FINDINGS OF FACT                                    
          Stencel Aero Engineering Corp. (Stencel), a wholly owned                    
          subsidiary of Talley Industries, Inc. (Talley or petitioner),               
          manufactured ejection seats for military aircraft.  During the              
          early 1980's, Stencel's primary customer was the U.S. Department            
          of the Navy (Navy Department).  Stencel's work for the Navy                 
          Department involved both the production of ejection seats and               
          research and development projects (R&D projects).                           
               Stencel's employees generally were required to maintain                
          daily timecards showing the number of hours devoted to specific             
          production contracts or R&D projects.  Stencel used the data from           
          these records to determine its costs under a particular                     
          production contract or R&D project, and, in the case of all                 
          contracts with the Navy Department, those data were incorporated,           
          directly or indirectly, in the invoices or requests for progress            
          payments that Stencel submitted to the Navy Department.                     
          On December 20, 1984, the Defense Criminal Investigative                    
          Service executed a search warrant at Stencel's plant in Arden,              
          North Carolina, and seized certain of Stencel's records,                    
          including certain employee timecards.  On March 8, 1985, a                  






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