- 49 - ($27,130). 4. Petitioner claimed a net operating loss for 1994 and carried a loss back to 1992. Petitioner concedes it was not entitled to claim a net operating loss in 1994 or carry a loss back to 1992. 5. Respondent recomputed petitioner’s environmental tax and environmental tax deduction. Petitioner presented no argument regarding this recomputation, and we deem petitioner to have conceded this adjustment. 6. Respondent determined petitioner was liable for a civil fraud penalty for 1992 in the amount of $20,832 pursuant to sec. 6663. Respondent concedes that determination. 7. Respondent determined petitioner was liable for a penalty for 1992 pursuant to sec. 6662(a) for substantial understatement of tax. Petitioner presented no argument regarding the penalty. We deem petitioner to have conceded the application of the penalty. B. 1993: 1. Respondent adjusted petitioner’s income for 1993 to reflect additional gross receipts of $1,199,590. a. Petitioner concedes this adjustment, to the extent of $326,852. b. Respondent concedes this adjustment, to the extent of $30,000. c. The remaining $842,738 at issue reflects gross receipts that respondent determined were income to petitioner for 1993 because respondent determined petitioner used an incorrect method of accounting for its 1993 taxable year and readjusted petitioner’s income to reflect income accrued under the accrual method of accounting. The parties stipulated that the final decision in Cordes Fin. Corp. v. Commissioner, supra, would decide the proper amount of petitioner’s gross receipts for 1993. In accordance with the parties’ stipulations, petitioner’s income will be increased by $405,181 from gross receipts due to a change in accounting method. 2. Respondent readjusted petitioner’s reported bad debt deduction for 1993 by $650,900 to reflectPage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
Last modified: May 25, 2011