- 4 - claimed NOL deductions unrelated to petitioners' investment in Arbitrage Management constitute an impermissible new issue. Petitioners note that certain alternative computations that respondent made and exchanged with petitioners (of a proposed settlement of the Arbitrage Management adjustments) reflected that the NOL's that petitioners now claim might be available as carryback loss deductions in computing petitioners’ taxable income for 1979 and 1980. Petitioners argue therefrom that respondent was on notice of the claimed NOL's and that petitioners’ claim, at this time, to such carryback loss deductions for 1979 and 1980 should not be treated as raising a new issue. To the contrary, the record indicates that the 1981 and 1982 claimed NOL's were reflected in respondent’s proposed alternative settlement computations on the basis and on the condition that petitioners’ 1981 and 1982 tax years were open for statute of limitation purposes for the filing of claims for refund and for audit by respondent. When it was established that petitioners had not timely filed claims for refund for 1981 and 1982 and that those years were closed for both the filing of claims for refund and audit purposes, petitioners’ entitlement to such claimed NOL's disappeared, and the claimed losses were properly eliminated from respondent’s proposed computations. The mere fact that respondent, in a case, may be aware generally of claimed NOL's arising in later years not before the Court does not put respondent, or the Court, on notice that suchPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011