James L. and Patricia A. Connell - Page 3

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          that petitioners had erroneously calculated their tax liability             
          for 1983 using the tax rates applicable to married individuals              
          filing separately, when instead petitioners were entitled to the            
          rates for married individuals filing jointly.  The Service Center           
          recomputed petitioners' 1983 tax, which reduced their tax                   
          liability for that year by the amount of $4,654.  This correction           
          resulted in an increase in the carryback of the investment credit           
          to the 1980 tax year in the amount of $4,546 and a carryforward             
          of $108 of the credit to 1981.  The amounts of $4,546 and $108              
          were thereafter paid to petitioners as tentative refunds.  In the           
          notice of deficiency, respondent failed to include the $4,546               
          tentative refund for 1980 as part of the deficiency in tax for              
          1980, and the amended answer sought an increase in the deficiency           
          in tax for that year from $2,822 to $7,368 to reflect the                   
          subsequent tentative refund for that year and to correspondingly            
          increase the additions to tax to $368 and $2,120, respectively,             
          under sections 6653(a) and 6659(a), and the increased interest              
          under section 6621(c).  The Court granted respondent's motion.2             
          The issues for decision are:  (1) Whether petitioners are                   
          entitled to claimed losses and investment tax credits with                  
          respect to James L. Connell's (petitioner) investment in 1983 in            


          2                                                                           
               Since petitioners' 1981 tax year is not before the Court,              
          the increased deficiency claimed by respondent does not include             
          the tentative refund of $108, which was paid to petitioners as a            
          carryforward of the credit to 1981.                                         




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