- 7 - 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 intoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011