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In addition, the parties' motion states that while petitioner
opposes respondent's Motion for Leave to File Amendment to
Answer, the parties nonetheless agree that resolution of the
general business credit issue will not require a trial for
submission of evidence.
Docket No. 16170-94
On June 9, 1994, respondent issued a statutory notice of
deficiency to petitioner (and its subsidiaries) determining a
deficiency of $4,253,661 in its Federal income tax for its
taxable year ended September 30, 1990. A review of the notice of
deficiency shows that respondent determined the deficiency after
making a number of adjustments to petitioner's items of income
and expense and after allowing petitioner certain credits,
including the general business credit provided by section 38.
Respondent computed petitioner's general business credit on the
assumption that petitioner is entitled to a general business
credit carryover of $17,526,965 from its taxable year ended
September 30, 1989.
Petitioner invoked this Court's jurisdiction by filing a
timely petition for redetermination on September 7, 1994,
assigned docket No. 16170-94. Although the petition includes an
allegation that respondent erred in computing the amount of
petitioner's general business credit for the year in issue, it is
clear from the context that petitioner raised the issue as a
purely computational matter. Respondent filed her answer to the
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