- 25 - reported none of this refund on his Federal income tax return for 1991.8 In this case, petitioner’s 1990 return indicates taxable income of a minus $13,489. Included in the amounts deducted for that year on Schedule C under “Taxes and licenses” was the amount of $1,099,9 which petitioner labeled “State and local”. It is obvious that the deduction of State income taxes produced no tax benefit to petitioner for 1990; he would have had a negative amount for taxable income in any event. Accordingly, under the regulations promulgated pursuant to section 111, the $1,743.89 in State taxes refunded to petitioner in 1991 constitute a “recovery exclusion” and need not be included in gross income for that year.10 8 Under sec. 451, the full $1,743.89 would ordinarily be included in income. The $743.89 would be included because it was actually received by petitioner, and the $1,000 which he directed be credited against his 1991 State income tax liabilities would be included in his gross income as “constructively received” insofar as it is credited to petitioner’s account, or set apart for him, or otherwise made available to him. Sec. 1.451-2(a), Income Tax Regs. 9 Petitioner has not explained the apparent discrepancy between his 1990 deduction of $1,099 for “State and local” taxes and the return in 1991 of $1,743.89 of such taxes. 10 The regulations under sec. 111 also provide that “the aggregate of the section 111 items [e.g., the State income taxes paid for a prior year] must be further decreased by the portion thereof which caused a reduction in tax in preceding or succeeding taxable years through any net operating loss carryovers or carrybacks * * * affected by such items.” Sec. (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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