- 3 - tax for failure to file a return under section 6651(a)(1) for 1987. On brief, respondent concedes the claimed addition to tax for failure to pay under section 6651(a)(2) for 1987. At trial, petitioners conceded the claimed additions to tax for 1988 for both delinquency under section 6651 and negligence under section 6653. At trial, the parties stipulated that there are no additions to tax under section 6654. On brief, with respect to the deficiencies in tax for 1987 and 1988, petitioners propose that we find that, but for certain claimed credits and refunds still in issue, there are deficiencies in tax of $9,232 and $40,329 for those years, respectively. Respondent agrees with those proposed findings of fact, and we shall treat such agreements as constituting a stipulation of settlement with respect to those deficiencies, which we accept. The parties agree that petitioners have raised as issues in this case overpayments on account of (1) withholding and refundable credits for 1989, 1990, and 1991, and (2) net operating loss (NOL) carrybacks from 1991 and 1992. At trial, petitioners conceded that there was no timely claim for any overpayment on account of withholding and refundable credits for 1991. On brief, respondent concedes that petitioners submitted timely refund claims for overpayments for 1989 and 1990 (except with respect to NOL carrybacks), and states that the necessary computations to satisfy those claims can be made under Rule 155. We accept thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011