G.B. Data Systems, Inc. - Page 2




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          6662(a) in the amounts of $14,495 and $79,830, respectively.                  
               The issues remaining for decision are:                                   
               (1) Is petitioner entitled to deduct for the year at issue a             
          claimed royalty expense in the amount of $1,158,084?  We hold                 
          that it is not.                                                               
               (2) Is petitioner liable for the year at issue for the                   
          accuracy-related penalty under section 6662(a)?  We hold that it              
          is.                                                                           
                                   FINDINGS OF FACT2                                    
               Some of the facts have been stipulated and are so found.                 
               Petitioner had its principal place of business in Marina del             
          Rey, California, at the time the petition was filed.                          
               Petitioner, which was incorporated on July 1, 1988, used the             
          accrual method of accounting for its taxable year ended January               
          31, 1994, the year at issue.  A. Glenn Braswell (Mr. Braswell)                
          owned all of the stock of petitioner.  He also owned all of the               
          stock of certain other corporations.3  (We shall refer to some or             


               1(...continued)                                                          
          effect for the year at issue.  All Rule references are to the Tax             
          Court Rules of Practice and Procedure.                                        
               2Unless otherwise indicated or needed for clarity, our                   
          Findings of Fact and Opinion pertain to Feb. 9, 1999, the date of             
          the trial in this case, and not to petitioner’s taxable year                  
          ended Jan. 31, 1994, the year at issue.  In this regard, the                  
          record is poorly developed as to relevant facts pertaining to the             
          year at issue.                                                                
               3Mr. Braswell’s spouse owned one share of stock in one of                
                                                               (continued...)           





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