- 47 - alternatives. See, e.g., Estate of Fusz v. Commissioner 46 T.C. 214, 215 n.2 (1966). We hold for respondent on this issue. (d) 1980 It is clear that our determinations eliminate any possible claim of Kenmore net operating loss carrybacks from its fiscal 1981 or fiscal 1982. Supra tables 1, 3, and 4. Respondent does not dispute Kenmore’s claimed investment credits for fiscal 1981 or fiscal 1982; in fact respondent increases Kenmore’s claimed fiscal 1982 investment credit by $1,896.50. Neither of these allowed investment credits is great enough to generate an investment credit carryback to fiscal 1980. Thus, Kenmore has a $2,972 deficiency for fiscal 1980, generated entirely by the elimination of the claimed carryback from fiscal 1981. Supra note 7. We have so found. We hold for respondent on this issue. (e) Summary We conclude, and we have found, that respondent has proven by clear and convincing evidence that Kenmore had an underpayment of tax for each of the years in issue. We hold for respondent on this issue. (2) Fraudulent Intent Respondent contends as follows: (1) Kenmore’s failure to keep or furnish adequate books and records is a strong indicium of fraud; (2) Kenmore’s failure to report substantial amounts ofPage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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