- 10 - 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.Page: 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