- 4 - petitioner’s1 taxable years ended November 30, 1996 and 1997, as follows: Addition to Tax and Penalties TYE Deficiency Sec. 6651(a)(1) Sec. 6662(a) 11/30/96 $320,375 $16,019 $90,609 11/30/97 1,729,294 -- 176,383 All section references are to the Internal Revenue Code, as amended and in effect for the years in issue. Rule references are to the Tax Court Rules of Practice and Procedure. After concessions by the parties, the primary issues remaining for our consideration are: (1) Whether petitioner is entitled to approximately $2.7 million of deductions claimed for its taxable years ended November 30, 1996 and 1997, from a lease strip deal; (2) whether petitioner’s lease strip deal has economic substance and is to be respected for Federal income tax purposes; (3) whether petitioner’s claimed rental expense deductions arising from the lease strip deal are deductible as ordinary and necessary business expenses; (4) whether petitioner is entitled to claim note disposition losses from the lease strip deal; (5) whether the $2,259,900 that petitioner advanced to CMA Capital Corp. is to be treated as an investment (equity) or debt; (6) whether for its taxable year ended November 30, 1997, 1Petitioners make up an affiliated group of corporations that filed consolidated income tax returns for the years in issue. CMA Consolidated, Inc. (CMA), is the common parent corporation of that group. For convenience, we use “petitioner” to refer to that affiliated group of corporations.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