- 14 - During the 1990 tax year, American Stores’ subsidiary, Lucky Stores, paid $175,630 for legal fees associated with the antitrust litigation with the attorney general of California. Of the $175,630, Lucky Stores paid $95,355 to the law firm of Sonnenschein, Carlin, Nath for legal work on the antitrust case and paid $80,275 for other expenses related to the antitrust case. On petitioner’s corporation income tax return for the 1990 tax year, petitioner claimed a deduction on Form 1120, line 26 for various items including “Litigation Expenses” of $10,706,713. American Stores included the $175,630 for legal fees and costs identified above in the “Litigation Expenses”. For financial reporting purposes, American Stores was required to account for its acquisition of Lucky Stores using the “purchase accounting” method pursuant to Accounting Practices Board Opinion No. 16 (“APB 16"). Under this method, American Stores’ acquisition was treated as an acquisition of Lucky Stores’ assets. Lucky Stores’ liabilities were treated as if they were assumed by American Stores in this hypothetical asset acquisition.1 Under the purchase accounting method, petitioner was required to identify and quantify all of Lucky Stores’ 1On Mar. 13, 1989, American Stores filed a Form 8023, Corporate Qualified Stock Purchase Elections, related to the acquisition by American Stores of Lucky Stores and related entities in the Lucky Stores affiliated group.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011