- 11 - respondent also affected the amount of the carryback to 1988. Petitioners’ reported 1988 tax liability was reduced from $547,702 to $293,598. In 1991, petitioner lent Mary Catherine $2,467,094, increasing his adjusted basis and his amount at risk by that amount. This enabled petitioner to claim a deduction from ordinary income for a nonpassive loss on his 1991 income tax return in the amount of $2,467,094, resulting from the Ridge and Minnechaug writedowns. Petitioner filed an Application for Tentative Refund for 1991 claiming an NOL carryback to 1988 that resulted in petitioners’ 1988 income tax liability being further reduced from $293,598 to $19,851.6 Petitioner attached a letter dated March 2, 1992, to his 1991 Application for Tentative Refund asking respondent to expedite the refund. The letter referred to significant operating losses experienced by petitioner's companies since 1988, cash-flow problems, banking problems, delinquent payments to vendors, lay-offs, and reduced compensation to employees. The letter stated that “receipt of the refund * * * [was] critical and the potential key to * * * [petitioner's] survival.” 6 Petitioners’ 1988 income tax liability would have been reduced below $19,851 but for the limitation imposed by the alternative minimum tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011