Newhouse Broadcasting Corporation and Subsidiaries, et al. - Page 10

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           individually or in the aggregate, because petitioner saw no need                            
           to keep a record of such amounts.  In petitioner’s view, they were                          
           irrelevant for both financial and tax reporting purposes.                                   
           Petitioner, therefore, concludes that respondent’s proposed                                 
           reversal of petitioner’s royalty expense deductions, by focusing                            
           on the financial statement royalty reserve, necessarily focuses on                          
           an incorrect amount.                                                                        
                 Respondent responds that the alleged difference between the                           
           financial statement royalty reserve and the amounts actually                                
           withheld from authors "cannot be readily corroborated one way or                            
           the other",5 and that petitioner has not "adduced any specifics to                          
           establish the extent to which * * * [the two amounts] may have                              
           differed".  Respondent also argues that "[u]nless * * *                                     
           [petitioner] wishes to admit that its financial statements are                              
           grossly unreliable, [petitioner’s] adjustments to the royalty                               
           reserves should be considered reasonably accurate as to the                                 
           overall expense deduction at issue."  It is apparently on that                              
           basis, and on the basis that respondent views any difference                                
           between the two amounts as "irrelevant to the resolution of the                             
           legal issue", that respondent justifies his proposed increase in                            
           petitioner’s income for the audit years by the amount of the                                



                  5  Petitioner’s position is based upon affidavits filed by                           
            the former general counsel and the former chief financial officer                          
            of Random House.                                                                           





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