- 12 - Following the settlement, the Commissioner computed the taxpayer's income tax liability for 1982, taking into account partnership items, to be equal to the tax due on an increase in income of $30,065. This figure represented the difference between $100,000 (the loss that the taxpayer claimed on its 1982 return) less $69,935 (the taxpayer's distributive share of partnership loss under the settlement). In addition, after eliminating the partnership loss that the taxpayer carried forward from 1982 to 1983, the Commissioner determined that the taxpayer owed additional income tax for 1983. The Commissioner later assessed the taxes described above as computational adjustments. In a subsequent refund action, the taxpayer claimed that the Commissioner erred in treating the above-described adjustments as computational adjustments, rather than as adjustments requiring factual determinations at the partner level. The United States District Court for the Western District of Texas, citing Maxwell v. Commissioner, 87 T.C. 783 (1986), and Harris v. Commissioner, supra, agreed with the Commissioner that the adjustments were properly treated as affected items subject to computational adjustment. In rejecting the taxpayer's argument that the adjustments required factual determinations at the partner level, the District Court pointed out that the Commissioner did not adjust any other items on the taxpayer's returns nor did the taxpayer dispute the dollar amount of the adjustments that the Commissioner made to its 1983 taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011