- 31 - mandatory and subsequent events could not excuse that obligation. Id. at 861. In Auerbach Shoe Co. v. Commissioner, 21 T.C. 191, 196 (1953), affd. 216 F.2d 693 (1st Cir. 1954), we held that The taxpayer is required to report the correct amount of his income in filing a return. Where this is not done due to the taxpayer's fraudulent conduct, liability for the 50 per cent addition to the tax for fraud is incurred and the unforeseen circumstance that a carry-back later arises to offset the deficiency should not operate to relieve the taxpayer of the addition imposed for the fraud. * * * The liability for the additions to the tax for fraud existed from the time of the filing of the false and fraudulent return with intent to evade tax. The addition is to be measured by the deficiency, undiminished by any subsequent credit or carry-back. [Emphasis added.] The key fact relied upon in both C.V.L. Corp. v. Commissioner, supra, and Auerbach Shoe Co. v. Commissioner, supra, was that the event which reduced the original "underpayment" occurred after the return at issue was filed. The fact that each taxable year is a separate year for income tax purposes was not discussed, nor was it relied upon, in any of the other cases cited by the majority.3 Consequently, the principle upon which these NOL carryback cases are based is applicable to the present case. 3The concept of separate taxable years is clearly not determinative. We have stated that if the event creating the deduction occurred in a separate prior year, the deduction would be allowed to reduce the liability for the year at issue for purposes of computing additions to tax. Blanton Coal Co. v. Commissioner, T.C. Memo. 1984-397 ("The basic principle to be found in prior case law would permit reduction for carryforward loss deductions and credits, but prohibit carryback loss deductions and credits, when computing additions to tax.").Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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