Harry R. Gross - Page 10




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          accrued on petitioner’s 1988 income tax liability after the due                
          date of his 1990 return, April 15, 1991, because of respondent’s               
          retroactive application of the 1990 carryback on that date.                    
          However, petitioner contends that respondent should abate the                  
          interest that accrued on petitioner’s outstanding self-employment              
          taxes and additions to tax from April 15, 1991, to the present.                
          Petitioner claims the revenue officer in respondent's Nashville                
          office agreed to apply petitioner’s 1990 carryback to eliminate                
          completely petitioner’s 1988 income and self-employment tax                    
          liabilities, as well as all the additions to tax and interest                  
          associated with petitioner’s 1988 tax year.  Petitioner claims                 
          the revenue officer in respondent’s Nashville office told him not              
          to file a Form 1045 with his 1990 return.  While petitioner                    
          conceded at trial that the 1990 carryback could not be used to                 
          eliminate his liability for self-employment taxes, additions to                
          tax, or interest, petitioner claims he was unaware of this fact                
          until early 1996.  Petitioner claims that, if the revenue agent                
          had not advised him not to file a Form 1045, or if respondent had              
          properly applied the 1990 carryback in 1991, then petitioner                   
          would have become aware at that time that the 1990 carryback                   
          could only be used to eliminate income tax liability.  Petitioner              
          claims he could have paid the remaining 1988 liabilities in                    









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