- 10 - 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 inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011