- 9 - of his 1995 Form N-11, State of Hawaii Individual Income Tax Return. Notice of Deficiency and Related Matters On October 6, 1998, respondent issued a notice of deficiency disallowing the Federal energy credit claimed by petitioner on his 1995 return. The notice described respondent’s basis for the determination as follows: It is determined that you are not entitled to the energy credits you have claimed. It has been determined that you are not entitled to receive earnings from the trust. Since you do not share in the earnings of the trust, you are not allowed to receive passthrough credits. Further, it is determined that the energy contracts were in substance, a sale of solar equipment to you. This determination would also prevent the passthrough of any energy credits. Petitioner filed his petition contesting respondent’s determination on December 14, 1998. Over a year after petitioner filed his petition in this case, HEH arranged for the preparation of an amended Form 1041 for 1995, on which HEH claimed total net income of $315,870 (including net profit from its Schedule C of $361,983), an income distribution deduction of $316,526 for distributions allegedly made to HEH’s certificate holders, and a tentative general business credit of $111,638 consisting of a current year investment credit of $73,552 and a credit carryforward of $38,086.2 An amended Schedule K-1 was also 2Mr. Sparkman testified that HEH amended its 1995 return (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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