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petitioner for taxable years ending July 31, 1989, and July 31,
1990. The notice of deficiency apparently did not consider any
part of the $7,165 in tax shown on the return filed by No. 2 for
its taxable year ended April 30, 1990. Respondent determined
overpayments of tax for petitioner's taxable years 1988 and 1991,
the former due to a loss carryback from 1991 resulting from the
$88,181 reduction in gross receipts for 1991.4
4 On October 17, 1994, petitioner filed a motion for leave
to amend petition which the Court denied due to petitioner's
failure to state what issue or issues it wished to raise with
respect to the 1988 and 1991 taxable years. See Rule 34(b)(4)
and (5). Petitioner had proposed to amend its petition to add:
The Commissioner erred in failing to correctly
determine the extent to which changes to Petitioner's
tax liability for its taxable years ended July 31, 1988
and July 31, 1991 affected Petitioner's tax liability
for the taxable years ended July 31, 1989 and July 31,
1990.
Petitioner alleged no specific supporting facts, only that:
Re-determinations of Petitioner's tax liabilities for
its taxable years ended July 31, 1988 and July 31,
1991, or changes which the Commissioner should have
made but failed to make to said taxable years, will
affect Petitioner's tax liabilities for the years over
which the Court has jurisdiction, being the fiscal
years ending July 31, 1989 and July 31, 1990.
In denying petitioner's motion for leave to amend, the Court's
order of October 19, 1994, stated:
The Proposed Amendment to Petition is extremely vague
and fails to state what issue or issues petitioner
wishes to raise in regard to the 1988 and 1991 taxable
years.
Petitioner has never clarified any such issues.
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