- 2 - 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.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