Robert L. and Joanne Tammaro - Page 9




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          claimed for 1991 through 1994, together with the carry forward of           
          the 1990 NOL attributable to petitioner's accounting practice,              
          eliminated the deficiency in income tax for 1994.  Respondent’s             
          concession also resulted in no additions to tax and no accuracy-            
          related penalties for 1993 and 1994.                                        
               Based on the belief that the parties had reached a new basis           
          for settlement, respondent prepared a revised computation of                
          petitioner’s net operating losses for 1991 through 1994.                    
          Petitioner rejected the revised computation and refused to sign             
          the decision document insisting that respondent allow him to                
          claim the same percentage of the 1990 net operating loss that had           
          been allowed for 1991 through 1994.                                         
               On September 2, 1999, respondent filed a Motion for Entry of           
          Decision.  In the motion, respondent requested the Court to enter           
          a decision reflecting that there were no deficiencies in income             
          taxes due from, nor overpayments due to, petitioner for 1993 and            
          1994 and that there were no additions to tax and no accuracy-               
          related penalties due from petitioner for such years.                       
          Respondent's motion relied heavily on LTV Corp. v. Commissioner,            
          64 T.C. 589 (1975).                                                         
               Petitioner opposed respondent's motion.  In petitioner’s               
          view, respondent's concessions did not address what petitioner              
          considered to be the real issue in this case, namely, the amount            
          of the NOL attributable to the horse activity that would be                 






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