Khalil and Lana K. Hamdan - Page 7




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               By December 31, 1989, Malibu Cedars had sold 96 of the 104                
         available condominiums.  In terms of square footage sold, this                  
         constituted 86,532 of the 92,621 square feet of available property              
         for sale (or 93.4 percent of the square feet of property for sale).             
         The Malibu Cedars project had gross sales in excess of $28 million.             
               By December 31, 1989, Malibu Cedars had paid $1,239,750 to HPD,           
         and $1,370,250 to Plaza in exchange for services rendered pursuant              
         to the Agreement.  Moreover, as of December 31, 1989, the books of              
         Malibu Cedars reflected fees payable to HPD of $411,982 and fees                
         payable to Plaza of $455,349.                                                   
               In calculating its costs of goods sold for tax year 1989,                 
         Mailbu Cedars included $600,000 as construction costs, which was                
         based on an accounting entry (specifically, an adjusted journal                 
         entry) that allocated construction costs on square footage sold                 
         rather than on units sold.  In a Notice of Final Partnership                    
         Administrative Adjustment (FPAA), dated December 20, 1994, issued               
         to HPD-Latigo, as Malibu Cedars’ tax matters partner, respondent                
         disallowed for 1989:  (1) The aforementioned $600,000, and (2)                  
         $867,331 of claimed developers’ fees.  (The issues raised in the                
         FPAA were not raised in the statutory notice of deficiency upon                 
         which this case is based.)  Respondent’s determinations in the FPAA             
         were contested in this Court, and subsequently conceded, by Malibu              
         Cedars.  On May 20, 1997, a closing agreement was entered into                  








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