Harry R. Gross - Page 6




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          the date the 1990 net operating loss became available (the date                
          the 1990 return was due).  Petitioner’s 1990 net operating loss                
          carryback (the 1990 carryback) satisfied all of petitioner’s                   
          income tax liability for 1988.  However, petitioner’s 1988                     
          account continued to have a balance due for additions to tax and               
          interest.  Additionally, petitioner continued to have a balance                
          due for self-employment taxes, since the net operating loss                    
          carryback could not be used to offset self-employment income.                  
          See sec. 1402(a)(4).  At this point, petitioner owed the                       
          following amounts for 1988:                                                    

                    $   -0-     Income taxes                                             
                    4,838.00  Self-employment taxes1                                     
                    2,177.00  Sec. 6654, Failure to pay estimated taxes                  
                    6,342.53  Sec. 6651(a)(2), Failure to pay tax                        
                     11,970.82  Interest to 4/15/91                                      
               $25,328.35  Total                                                         
          1   On brief, respondent stated that there was a mathematical                  
          error in the application of the $1,011 levied amounts, and the                 
          correct balance of self-employment taxes should have been $4,848               
          instead of $4,838.                                                             
               On November 10, 1996, petitioner filed an IRS Form 843,                   
          Claim for Refund and Request for Abatement, with respondent                    
          requesting the Commissioner to abate all interest and penalties                
          associated with petitioner’s 1988 tax year.  On January 9, 1998,               
          the Commissioner issued a notice of final determination denying                
          petitioner's claim to abate the interest and penalties for 1988.               
          On July 2, 1998, petitioner petitioned this Court to review the                






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