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to the Rule 155 computations (1996 stipulation) was filed. In
order to understand the reason for this stipulation, we describe
various actions previously undertaken by petitioner. During the
litigation, petitioner filed with respondent Form 1139,
Corporation Application for Tentative Refund, requesting
tentative refunds attributable to carrying back a variety of net
operating losses (NOL's), business credits, and net capital
losses generated in post-1985 tax years to the 1983 and 1984 tax
years (initial tentative refunds). See sec. 6411. Respondent
allowed those refunds.
On July 26, 1996, before the parties filed their Rule 155
computations and proposed decision documents, petitioner filed a
motion to strike paragraphs 4(cw) and 5(bt)(i) of its petition.
Through the motion, petitioner sought to clarify that the amounts
carried back to the 1983 and 1984 tax years (and any resulting
adjustments) were not in issue before the Court. See infra 1996
stipulation.
Respondent did not object to the motion. The Court
granted petitioner’s motion. For the purposes of this opinion,
we interpret the “not in issue” terminology to mean that
petitioner did not seek to have this Court establish whether the
carrybacks which led to the initial tentative refunds were
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