- 5 - properly allowed by respondent.4 1996 Stipulation and Tax Court Decision The relevant portions of the 1996 stipulation follow: 1. Respondent may assess the deficiencies determined to be due pursuant to the foregoing decision for the taxable [years] ended December 31, 1983, December 29, 1984, and December 28, 1985. The deficiencies shown in the foregoing decision for the 1983 and 1984 taxable years and the overpayment shown in the foregoing decision for the 1985 taxable year were determined without giving Petitioner credit for carrybacks, including carrybacks that were tentatively allowed under the provisions of I.R.C. sec. 6411, from taxable years after December 28, 1985, which carrybacks are not in issue in this case. Further, the amounts of the net tax assessed and paid and the deficiencies shown in the foregoing decision for the 1983 and 1984 taxable years were determined after reducing the tax assessed and paid for those years by all amounts that were refunded or credited in connection with the aforementioned carrybacks. The reflection in the decision of these refunds is not a substantive determination of whether the carrybacks are allowable and does not put the carrybacks in issue. * * * * * * * 9. It is further stipulated that business credit carrybacks, net operating loss and capital loss carrybacks and the effect of such carrybacks, and other similar tax attributes defined in I.R.C. secs. 6511(d)(2) and (d)(4) arising with respect to the Petitioner’s taxable years beginning after December 28, 1985, were not at issue in T.C. Docket No. 21562-90 and may be the subject of a claim for refund attributable to such carrybacks and the effect of such carrybacks into Petitioner’s taxable years ended December 31, 1983, December 29, 1984, and December 28, 1985, * * *. [Emphasis added.] 4 As explained infra in the 1996 stipulation, the parties agreed that the decision of the Court would not serve as res judicata with regard to this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011