- 9 - Sons, Inc. v. Commissioner, 65 T.C. 422 (1975) (Tannenwald, J., concurring at 432 (mitigation provisions did not apply because the same items not involved)), affd. 584 F.2d 53 (5th Cir. 1978). Petitioner argues that any deficiency with respect to his 1987 taxable year was not due to the CLD, which petitioner concedes he was not entitled to, but due to the inclusion of the $360,000 of income, which respondent initially excluded from the 1987 taxable year, and was forced to re-include as a result of our decision in Hagestad v. Commissioner, supra. By this argument, petitioner appears to be maintaining that it was the omitted income that was the item giving rise to the error. Petitioner's analysis fails to recognize that, while the omission of income provided the foundation for the resulting error, it was the CLD that became the error which gave rise to the application of mitigation provisions. In this respect, Bolten v. Commissioner, 95 T.C. 397 (1990), provides helpful guidance. In that case, the disallowance of certain deductions resulted in increased amounts of taxable income and became the foundation for a reallocation of net operating loss deductions. In holding that the mitigation provisions applied, we concluded that the same item was involved, namely the net operating loss. As we see it, the only difference between the situation in that case and that involved herein is that, in Bolten, unrelated deductions were involved whereas in the instant case we arePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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