Anschutz Company and Subsidiaries - Page 2

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                         Tax Year Ended           Deficiency                          
                         July 31, 1994            $467,424                            
                         July 31, 1995            4,837,121                           
                         July 31, 1996            9,503,991                           
          After concessions,1 the issues for decision are:  (1) Whether               
          Qwest’s incremental cost allocation method is a reasonable                  
          allocation method for purposes of sections 263A and 460 for tax             
          years ended July 31, 1994 (1994), July 31, 1995 (1995), and July            
          31, 1996 (1996) (collectively, years in issue); and (2) whether             
          respondent abused his discretion in determining that Qwest’s                
          incremental cost allocation method failed to clearly reflect                
          income under section 446.2                                                  



               1 Petitioners agree to:  (1) Decrease the cost of sales for            
          costs allocated to conduits sold to Metropolitan Fiber Systems              
          (MFS) in the MFS Dallas and MFS Los Angeles projects by $915,870            
          and $635,317, respectively, and increase the basis in the                   
          retained conduits installed for petitioners’ own account during             
          these projects by $915,870 and $635,317, respectively; and (2)              
          decrease the cost of sales for costs allocated to conduit sold to           
          MCI Telecommunications Corporation (MCI) in the MCI Dillard-                
          Myrtle Creek project by $265,912, and increase the basis in the             
          retained conduits installed for petitioners’ own account during             
          this project by $265,912.                                                   
               The parties agree that adjustments proposed by respondent in           
          the notice of deficiency for net operating loss, additional sec.            
          263A costs, additional sec. 263A(f) interest, adjustment to NOL             
          carryover, and additional charitable deduction are computational            
          adjustments that are dependent on our decision in this case.                
               2  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.  Amounts              
          are rounded to the nearest dollar.                                          




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