Metro Leasing and Development Corporation, East Bay Chevrolet Company, a Corporation - Page 17




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            contests the Commissioner’s determination and may continue to                               
            contest it after our decision is entered, the “all events test”                             
            has not been met.  Our prior holdings and those of the Supreme                              
            Court support that result.                                                                  
                  For those reasons, we disagree with the holding and                                   
            rationale of the Court of Appeals for the Fifth Circuit and                                 
            continue to adhere to our established precedent.  We hold that no                           
            part of petitioner’s paid, but contested, income tax deficiency                             
            should be reduced from its taxable income in arriving at                                    
            accumulated taxable income under section 535(b)(1).                                         
            III.  Whether the Amount of the “Tax Attributable” Adjustment to                            
            Capital Gains That Is Used To Arrive at the Accumulated Earnings                            
            Tax Base Should Be Limited to Petitioner’s Reported Tax Liability                           
            for the Year                                                                                
                  Petitioner argues, as its third and final alternative, that                           
            respondent’s computation of the adjustment for capital gains is                             
            understated.  Petitioner argues that the tax attributable                                   
            adjustment should be limited to the actual overall tax liability                            
            reported or a duplication of tax burden would result.  Respondent                           
            contends that his adjustment follows the literal requirements of                            
            section 535(b)(6)(A).                                                                       


                  16(...continued)                                                                      
            contesting the deficiency, a taxpayer ensures that the tax may                              
            not be assessed or collected.  Even though a deficiency is paid                             
            after the filing of a petition, if a taxpayer continues to                                  
            contest it, the tax is not assessed.  Normally, payment during                              
            the course of a prepayment (deficiency) forum is used to stop the                           
            running of interest and is treated more like a deposit should an                            
            income tax deficiency be ultimately decided.                                                





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