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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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