- 10 - Their deficiency and overpayment computations follow below: Respondent’s 1985 Deficiency Computation1 Tax liability $45,560,035 Tax on return $328,175 Amounts assessed as a deficiency 86,323,660 Tax assessed and paid 286,651,835 -Reductions (49,907,010) -Net tax assessed and paid (36,744,825) Deficiency 8,815,210 Petitioner’s 1985 Overpayment Computation1 Tax assessed and paid 2$86,651,835 -Tax liability (45,560,035) Overpayment 41,091,800 1 We have slightly altered respondent’s and petitioner’s presentations for comparison purposes. 2 Petitioner made a $328,175 payment with its 1985 tax return and a $114,964,176 payment in anticipation of our 1996 decision. Petitioner’s tax assessed and paid of $86,323,660 is net of $28,640,516 returned to petitioner by respondent (i.e., $328,175 + $114,964,176 - $28,640,516). The parties agree that petitioner’s tax liability for 1985 equals $45,560,035, but they interpret the 1996 and 1999 stipulations differently in determining the deficiency and/or overpayment for 1985. Although the NOL carrybacks, which 11(...continued) characterize the sum of the amount shown as a tax on the return and the amounts previously assessed as a deficiency as the “tax assessed and paid” by petitioner. We use the same terminology in this opinion as a shorthand reference to the sec. 6211(a)(1) figure. Using a computational format, a deficiency may therefore be expressed as follows: Tax liability - (tax assessed and paid - rebates).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