- 4 - By way of background, petitioners claimed but, in substantial part, did not use a $327,600 net short-term capital loss on their 1980 joint income tax return. Accordingly, petitioners claimed a $322,340 short-term capital loss carryover from the 1980 tax year on their 1983 tax return. Respondent, in the statutory notice of deficiency for 1983, allowed $55,803 of this loss carryover. The balance of the loss was allowed for the 1980 taxable year pursuant to an audit examination of the 1980 tax year. In Friedman v. Commissioner, T.C. Memo. 1993-549, we held: With respect to the capital loss carryover, at the time petitioners filed their 1983 return, the 1980 return had not been audited. Therefore, when the 1983 return was filed with the capital loss carryover, petitioners did not know that the carryover duplicated losses [subsequently] allowed in 1980. The later disallowance was purely mechanical and a natural result of an adjustment to a prior year's return. The deduction was not frivolous or fraudulent. Therefore, the deduction had a basis in fact or law and the deduction is not grossly erroneous. Under Rule 155, parties are required to submit "computations pursuant to the Court's determination of the issues, showing the correct amount of the deficiency * * * to be entered as the decision." Parties are not permitted to raise new issues or matters in connection with the Rule 155 computations. Bankers Pocahontas Coal Co. v. Burnet, 287 U.S. 308 (1932). The starting point for the computation is the statutory notice of deficiency from which the parties compute the redetermined deficiency basedPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011