- 3 - the assessment plus additions to tax, fees, and accrued interest and issued a refund check. On October 8, 1991, petitioners filed another Form 1040X for taxable year 1985 (second amended return) and sought to carry back the remainder of the NOL from 1988 and part of their NOL from 1987. Respondent returned the second amended return and advised petitioners that NOLs, arising in different taxable years, must be carried back on separate Forms 1040X. In response to respondent's letter, Mr. Kevin Wulff, petitioners' accountant, prepared two separate Forms 1040X for 1985. One return carried back part of the NOL from 1987 and reflected an overpayment of $65,937 (third amended return). The other return carried back the NOL from 1988 and increased petitioners' alternative minimum tax by $72,747 (fourth amended return). In addition, Mr. Wulff prepared an amended return for taxable year 1984, carrying back the balance of the NOL arising in 1987 and reflecting an overpayment of $56,956 (fifth amended return). Petitioners included the overpayments on line 23 (refunds to be received) of the third and fifth amended returns. Neither return included a statement requesting that the overpayments be applied to petitioners' additional liability of $72,747, which was reflected in the fourth amended return. Mr. Wulff, however, prepared a cover letter addressed to respondent indicating his intention to call and request that the overpayments from thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011