- 12 - The fact the disallowance did not result in the imposition or collection of any additional tax is not relevant. Respondent contends to the contrary, and we agree, that it is very relevant. Petitioner confuses the legal question of whether or not the CLD's were allowable or should have been allowed with the factual question of whether or not they were actually allowed.3 For this reason, we see no need to decide whether the 1992 stipulation would apply to the CLD originally allocated to the 1987 taxable year, as this would only help determine whether the deduction at issue was allowable, not whether it was actually allowed. With respect to petitioner's 1987 taxable year, petitioner filed a return reporting a certain amount of income, which he reduced by a certain amount of CLD. He then paid tax on this lower amount of net income. Regardless of respondent's various positions during the dispute and litigation, the amount of tax petitioner paid for 1987 never changed, and was never different from the amount he reported on his 1987 return. 3 For example, petitioner argues that respondent's decision, through Revenue Agent Valenzuela, to grant petitioner's 1995 refund, was necessarily based on the conclusion that the CLD's were not allowed in 1987. We, however, think respondent's actions could just as well have been based on a conclusion that the deductions should not have been allowed, and that the proper action at the later date was to allow the refunds based on the carryforwards, and then to press for correction of the original mistake using the mitigation provisions. See Kenosha Auto Transport Corp. v. Commissioner, 28 T.C. 421, 425 (1957).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011