Grant K. Hagestad - Page 12

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               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).                   





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