- 14 - nevertheless "took" it, that is, used it to reduce his gross income, and paid less tax as a result, and it was thus certainly "allowed", in the plain meaning of those words. "To argue otherwise is merely to play games with words." Bolten v. Commissioner, 95 T.C. at 407. The fallacy of petitioner's position herein becomes apparent in the following context. Assume a scenario in which: (1) Only petitioner's 1986 and 1988 returns had been audited and the CLD's for those years had been disallowed and, after litigation, the disallowances were sustained; (2) petitioner's 1987 return had never been audited; and (3) petitioner had applied the decisions in respect of 1986 and 1988 to the 1987 CLD in determining its carryforward of suspended amounts under section 465(a)(2) and obtained a refund for 1991 based on those carryforwards. There can be no doubt that, in this scenario, the CLD was allowed for 1987, for purposes of the mitigation provisions. We think that the situation in this case is no different. The inescapable fact is that the determination that the $360,000 was properly reported by petitioner in 1987 produced the result that the disallowance of the CLD was negated because of the expiration of the period of limitations and petitioner was left in the same position as he would have been in if his 1987 return had never been audited. In our analysis, we have kept in mind that the legislative history contemplated the type of facts involved here: "disputesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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