-22- leave to file a second amendment to the answer in docket No. 4142-01 and an amendment to the amended answer in docket No. 702- 03. In this motion, respondent included the number of options at issue and the amounts of the revised deficiencies. Pursuant to his grant date theory, the amounts of the revised deficiencies relating to 1997, 1998, and 1999 are $25,121,951, $27,854,698, and $24,784,465, respectively. On June 3, 2004, the Court granted respondent’s motion but concluded that respondent’s amendment raised a new matter because “the grant date theory requires different evidence (i.e., includes additional options and utilizes a different method of valuation)” and alters the original deficiency. On July 14, 2004, the trial commenced. Discussion I. Applicable Statute and Regulations A. Purpose and Scope of Section 482 Section 482 was enacted to prevent tax evasion and ensure that taxpayers clearly reflect income relating to transactions between controlled entities. It accomplishes this purpose by authorizing respondent: [to] distribute, apportion, or allocate gross income, deductions, credits, or allowances between or among * * * [controlled entities], if he determines that such distribution, apportionment, or allocation is necessary * * * to prevent evasion of taxes or clearly to reflect the income of * * * [such entities].Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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