G.B. Data Systems, Inc. - Page 9




                                         - 9 -                                          
          amount of those entries was the same as the amount shown on the               
          purported product usage document as the last entry under the                  
          column headed “NET TOTAL (IN BOTTLES)”.  (We shall refer to the               
          adjusting journal entries prepared by Mr. Miller on the basis of              
          the purported product usage document as the royalty adjusting                 
          journal entries.)  After having prepared the royalty adjusting                
          journal entries, Mr. Miller completed preparation of petitioner’s             
          Form 1120 for its taxable year ended January 31, 1994, based on               
          those entries and petitioner’s financial statements for the                   
          fiscal year ended on the same date.  Thereafter, but prior to                 
          booking the royalty adjusting journal entries in petitioner’s                 
          books and prior to filing petitioner’s return for the year at                 
          issue, Mr. Miller confirmed with Mr. Braswell the correctness of              
          booking those entries.  When Mr. Miller booked the royalty                    
          adjusting journal entries in petitioner’s books, he included an               
          explanation in those entries that he was making them “per AGB”,               
          i.e., per A. Glenn Braswell.                                                  
               Petitioner claimed, inter alia, a royalty expense deduction              
          in the amount of $1,158,084 in the Form 1120 that it filed for                
          the year at issue.                                                            
               In the notice of deficiency (notice) issued to petitioner                
          for the year at issue, respondent determined that petitioner                  
          erroneously deducted $1,158,084 as a royalty expense and in-                  
          creased petitioner’s income for that year by that amount.                     






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011