- 9 - collaterally estopped from collecting additional deficiencies in income taxes from the petitioner for the taxable years 1993 and 1994. If that is the sum of petitioner’s argument, then the dispute as to that issue is concluded. Respondent observes that, unfortunately, that does not appear to be the ultimate aim of petitioner’s argument. Respondent notes that petitioner filed a Form 1139 claim with the IRS, applying for a refund of allegedly overpaid 1993 and 1994 Federal income taxes, based upon claimed losses in the taxable year 1995. The factual or legal grounds for the alleged loss were not indicated on the Form 1139. Subsequently, on July 1, 1998, during LGA’s bankruptcy proceeding, respondent issued the notice of deficiency for the taxable years 1993 and 1994, which notice is the basis for this case pending before the Court. Petitioner argues that petitioner’s claim for overpayments (not yet proved) is to be applied, not against its actual tax liability for the taxable years 1993 and 1994, but only against the de minimis claim which respondent was allowed to collect in the bankruptcy proceeding. Respondent submits that such an argument, as advanced by petitioner, is wholly contrary to established law. Respondent also disputes petitioner’s contention, inferred from petitioner’s arguments that in substantively consolidating LGA’s and Sunrise’s bankruptcy proceedings, the Bankruptcy CourtPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011