- 11 - resulted in the subsequent tentative refund for 1985, are not to be taken into account by the Court in redetermining the 1985 tax liability,12 respondent argues that the 1996 and 1999 stipulations provide for the tax assessed and paid for the 1985 tax year to be reduced by the subsequent tentative refund.13 Respondent first contends that the 1999 stipulation provides that the 1996 stipulation “‘controls the manner in which the income tax at issue for the 1985 taxable year will be computed.’” Respondent then argues that because the parties agreed in the 1996 stipulation that the initial tentative refunds for the 1983 and 1984 tax years would be treated as a reduction to the tax assessed and paid, the subsequent tentative refund for the 1985 tax year should be treated in the same fashion. Petitioner agrees that the 1999 stipulation directs the Court to consider the language of the 1996 stipulation. Petitioner, however, argues in a memorandum that the 1996 stipulation says “nothing at all” about whether the subsequent tentative refund is to be treated as a reduction to the tax assessed and paid for 1985. Petitioner further argues that the “absence of any such language for 1985 is not only conspicuous, 12 Both parties agree that the NOL carrybacks, which resulted in the subsequent tentative refunds, are also not in issue before the Court. 13 Our use of the singular form of the term “subsequent tentative refunds” refers to the subsequent tentative refund for the 1985 tax year.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