Metro Leasing and Development Corporation, East Bay Chevrolet Company, a Corporation - Page 10




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            II.  Whether a Contested Income Tax Deficiency That Has Been Paid                           
            Is Deductible From Taxable Income in Arriving at Accumulated                                
            Taxable Income                                                                              
                  Here again, we focus on section 535(b)(1) and the underlying                          
            regulation in considering whether a contested income tax                                    
            deficiency is a tax that “accrued during the taxable year”.                                 
            Petitioner reported an income tax liability of $2,674 on its 1995                           
            corporate Federal income tax return.  The $2,674 was remitted by                            
            petitioner during March 1996, when it filed its 1995 return.                                
            Thereafter respondent determined a deficiency in petitioner’s                               
            income tax and, in addition, that petitioner was subject to the                             
            accumulated earnings tax.  After the petition was filed and                                 
            before we issued our opinion, petitioner tendered payment of the                            
            income tax deficiency to respondent.  Although petitioner                                   
            tendered payment, it continues to contest the income tax                                    
            deficiency.  The parties disagree with respect to whether any                               
            part of the income tax deficiency should be deducted from taxable                           
            income to arrive at accumulated taxable income, the base for the                            
            accumulated earnings tax.                                                                   
                  In making the adjustments to taxable income to arrive at                              
            accumulated taxable income, respondent deducted the $2,674 tax                              
            liability reported by petitioner, even though the $2,674 was not                            
            paid until after the close of the 1995 tax year.  In addition to                            
            the $2,674, petitioner argues that the income tax deficiency,                               
            either in the amount determined by respondent or decided by the                             
            Court, should also be deducted from taxable income to reduce the                            




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