- 6 - T.C. Memo. 1990-30; Willingham v. United States, 289 F.2d 283, 287-288 (5th Cir. 1961); Simon v. Commissioner, 248 F.2d 869, 877 (8th Cir. 1957), affg. on this issue and revg. and remanding U.S. Packing Co. v. Commissioner, T.C. Memo. 1955-194; Nick v. Dunlap, 185 F.2d 674 (5th Cir. 1950); Rictor v. Commissioner, 26 T.C. 913, 914-915 (1956); Auerbach Shoe Co. v. Commissioner, 21 T.C. 191, 196 (1953), affd. 216 F.2d 693 (1st Cir. 1954); Blanton Coal Co. v. Commissioner, T.C. Memo. 1984-397; Pusser v. Commissioner, a Memorandum Opinion of this Court dated Dec. 7, 1951, affd. per curiam 206 F.2d 68 (4th Cir. 1953); see also United States v. Keltner, 675 F.2d 602, 605 (4th Cir. 1982). Respondent's reliance on this line of cases for a similar result here, however, is misplaced. The ability to carry back an NOL depends on the happenings in a taxable year after the taxable year in which the underpayment is due to fraud, and the subsequent year may be as far away as 3 years after the year of the fraudulent underpayment. The principle of C.V.L. Corp. v. Commissioner, supra, reflects the fact that each taxable year is a separate year for income tax purposes, and that a taxpayer may not reduce his or her liability for fraudulent conduct in one year by virtue of unforeseen or fortuitous circumstances that happen to occur in a later year. See Paccon, Inc. v. Commissioner, 45 T.C. 392 (1966). In the case of the Federal estate tax, however, the same rationale does not apply. The Federal estate tax is notPage: 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