- 13 - component. E.g., Hollie v. Commissioner, 73 T.C. 1198, 1212 (1980); Jackson v. Commissioner, T.C. Memo. 2002-44. 2. Petitioners’s Argument Petitioners ask us to assemble the following pieces into informal claims for refund for 1989 and 1990: The Form 1045 page 2, attached to the 1992 return (filed October 7, 1996), Mr. Barker’s June 18, 1996, telephone conversation with Revenue Agent Stufflebeam (the June 18 conversation), memorialized in the June 18 notes, and the provisions of section 172(b), specifying the years to which an NOL is to be carried. Taken separately, or together, however, such pieces do not constitute informal claims for refund. 3. The Form 1045 Page 2 The instructions accompanying Form 1045 provide that it is to be used by an individual to apply for a quick refund resulting from an NOL carryback. The instructions state that the application is not treated as a claim for credit or refund, which claim, by an individual, is to be made by filing a Form 1040X. The instructions further state that the form is to be filed with the Internal Revenue Service Center for the place where the taxpayer lives. The instructions warn: “Caution! Do not mail Form 1045 with your * * * [year] income tax return.” In New England Elec. Sys. v. United States, 32 Fed. Cl. 636, 641 (1995), the U.S. Court of Federal Claims stated that, inPage: 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