- 9 - 3. Pursuant to T.C. Rule 155, this Court entered a decision in this case on August 7, 1996, determining a deficiency of income tax due from Petitioner for the taxable year ended December 28, 1985, in the amount of $86,323,660. As a result of this Stipulation of Settled Issue, the foregoing deficiency must be recomputed pursuant to the parties’ stipulation of basis in paragraph 1. The Court’s August 7, 1996 decision was accompanied by a stipulation signed by Petitioner’s counsel and Respondent’s counsel on July 26, 1996, and August 2, 1996, respectively. The stipulation accompanying the August 7, 1996 decision [(1996 stipulation)] controls the manner in which the income tax at issue for the 1985 taxable year will be recomputed. The parties will expeditiously submit the recomputed deficiency for the Court to enter pursuant to Rule 155. [Emphasis added.] For ease of reference, the Court provides a flowchart in the appendix which lists the various steps in this litigation. The Parties’ Positions In the present Rule 155 computational dispute, respondent arrives at a deficiency of $8,815,210 for the 1985 tax year, while petitioner arrives at a $41,091,800 overpayment.11 11 Sec. 6211(a) defines a deficiency as the amount by which the taxpayer’s tax liability exceeds the excess of: (1) the sum of (A) the amount shown as the tax by the taxpayer upon his return, * * * plus (B) the amounts previously assessed (or collected without assessment) as a deficiency, over–- (2) the amount of rebates, as defined in subsection (b)(2), made. In describing their respective positions, the parties (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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