- 10 - agencies). Diamond would manage and update policies to reflect customer transactions. 5. Evaluations/R&D Applied Systems’ evaluations/R&D work consisted of evaluating and developing, by the creation of short routines, compatibility between TAM and third–party hardware and software products. II. Credit Claimed On its 1990, 1991, and 1992 tax returns (i.e., Forms 1120S, U.S. Income Tax Returns for an S Corporation), Applied Systems did not claim any research credit. On December 30, 1993, Applied Systems hired a new tax manager, who determined that Applied Systems should claim research credits relating to the years in issue. The tax manager interviewed employees and delineated the employees and activities that he believed qualified for the research credit. On June 24, 1994, and August 30, 1995, Applied Systems submitted amended returns, relating to the 3 years in issue, to claim the respective research credit “that was erroneously omitted from the original filing of the Form 1120S.” On the amended returns, Applied Systems claimed research credits of $235,536, $127,426, and $289,449, relating to the wages of 227 employees in 1990, 1991, and 1992, respectively. Petitioners, pursuant to amended pleadings filed in April 1997, added the wages of 21 employees (i.e., $635,371) to their claim.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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