- 21 - operating loss (NOL) deductions in the amount of $2,240,458 and $2,200,426, on his 1989 and 1990 income tax returns, respectively, with respect to his Sentinel EPE and EPS recyclers. The NOL deductions represented carryforwards of NOL's claimed by petitioner for the taxable years 1983 through 1988. E. The Notices of Deficiency In the notices of deficiency, respondent disallowed all items of loss, deductions, and credits related to the Sentinel recyclers and increased petitioner's income accordingly. In addition, respondent determined that, for 1989, petitioner was liable for the accuracy-related penalty under section 6662(a) based on: (1) Negligence; (2) substantial understatement of income tax liability; and (3) substantial valuation misstatement. See sec. 6662(b)(1), (2), and (3). Respondent also determined that, for 1989 and 1990, petitioner was liable for the accuracy-related penalty based on negligence. See sec. 6662(b)(1). 6(...continued) years based on a 5-year recovery period and had therefore already recovered the purported purchase price of those machines; i.e., $3,500,000. Depreciation deductions for petitioner's Sentinel EPS recyclers served to give rise to, or to increase, net operating losses claimed by petitioner on returns for years prior to those in issue, which net operating losses were carried forward to the years in issue. In this regard, see the discussion in the text, infra.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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