- 5 - Year Amount 1975 $58,512 1976 62,302 1977 45,061 1978 36,734 1979 36,846 1980 44,725 Total $284,180 On her returns for those years, decedent deducted an allowance for depletion in an amount which was 22 percent of the gross royalties reported. Petitioner filed a Federal income tax return for the taxable year 1992 on which it reported and paid a tax of $8,338. This 1992 tax was computed without taking a deduction for any portion of the amount paid to Exxon in 1992. Section 1341 provides relief to taxpayers who are forced to repay an item previously reported as income under a claim of right. Both parties agree that for purposes of section 1341, petitioner and decedent should be treated as one and that petitioner is entitled to section 1341 relief. Both parties also agree that relief should be in the form of a credit computed pursuant to section 1341(a)(5) and (b). The pertinent provisions of section 1341 provide as follows: SEC. 1341. COMPUTATION OF TAX WHERE TAXPAYER RESTORES SUBSTANTIAL AMOUNT HELD UNDER CLAIM OF RIGHT. (a) General Rule.--If--Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011