Tyson Foods, Inc. and Subsidiaries - Page 2




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          the statutory notice, and petitioner raised a new issue in its              
          petition.  Seven issues were settled by the parties before trial,           
          and one (the research credit issue) has been deferred for later             
          trial or other disposition.  Two issues were settled after trial.           
          The issue addressed in this opinion is whether petitioner may               
          depreciate, upon application of the rule of Cohan v.                        
          Commissioner, 39 F.2d 540 (2d Cir. 1930), approximately                     
          $2 million in expenditures for which complete and correct records           
          were not maintained.  Unless otherwise indicated, all section               
          references are to the Internal Revenue Code in effect for the               
          years in issue, and all Rule references are to the Tax Court                
          Rules of Practice and Procedure.                                            
                                  FINDINGS OF FACT                                    
               Petitioner is a Delaware corporation with its principal                
          offices located in Springdale, Arkansas.  During the years in               
          issue, petitioner was the world’s largest fully integrated                  
          producer, processor, and marketer of poultry-based food products.           
               By the end of 1991, Culinary Foods, Inc. (Culinary), based             
          in Chicago, Illinois, was a well-established manufacturer of                
          frozen food products for institutional buyers, as well as other             
          food products for the airline industry.  At that time, Culinary             
          operated through two integrated manufacturing facilities located            
          on the north side of Chicago.                                               








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