Philip H. Friedman and Anna Friedman - Page 4

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               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 based            





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