- 2 - Revenue Code as in effect for the year at issue, and Rule references are to the Tax Court Rules of Practice and Procedure. After concessions by the parties, the sole issue is whether respondent correctly calculated petitioners' deficiency for taxable year 1985. This case was submitted without a trial pursuant to Rule 122. The facts related herein were either stipulated or derived from statements of various individuals that the parties stipulated could be considered in this proceeding. Background Petitioners resided in Brookline, Massachusetts, at the time they filed the petition herein. Petitioners timely filed their 1985 joint Federal income tax return. On audit in 1988, respondent determined an adjustment in the amount of $16,812 for taxable year 1985. Petitioners agreed to the adjustment and waived restrictions on assessment of the additional tax due. Petitioners incurred net operating losses (NOL or NOLs) in 1987 and 1988 and reported the losses on their joint Federal income tax returns (Forms 1040) for those years. In December 1990, petitioners filed a Form 1040X, Amended U.S. Individual Income Tax Return, for taxable year 1985, carrying back the NOL arising in taxable year 1988 (first amended return). As a result of the first amended return, petitioners had an overpayment of $97,312. The prior assessment of $16,812, however, was still due. On February 11, 1991, respondent reduced the overpayment byPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011