- 9 - carryovers plus NOL carrybacks, petitioner, as the claimant of an NOL, must prove his right thereto. See United States v. Olympic Radio & Television, Inc., 349 U.S. 232, 235 (1955).4 We have considered all the parties’ arguments and, to the extent not discussed above, find those arguments to be without merit or irrelevant. To reflect the foregoing,5 Decision will be entered under Rule 155. 4 Nor has petitioner proven that he reported on his 1988 Federal income tax return the income that he realized from the false invoice scheme. Accordingly, we reject without further comment petitioner’s argument that the mitigation provisions of secs. 1311 through 1314 and the doctrine of equitable recoupment operate favorably to him in this case. 5 The sec. 6653(b) additions to tax apply to the entire underpayment. We are convinced clearly that the entire underpayment in this case, which stemmed from the false invoice scheme and the other scheme discussed supra in note 2, was attributable to fraud.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011