- 15 - finding, and we think it fairly reflects the testimony of Revenue Agent Stufflebeam and Mr. Barker. The proposed finding is: Mr. Barker said that based on the cost of goods sold used in the criminal case for Mr. Sumrall, the petitioners would have net operating loss carrybacks in later years. Mr. Stufflebeam told Mr. Barker that he could complete the audit in 60 to 90 days if he could get the additional requested documents and the returns for later years. Put simply, we think that Mr. Barker told Revenue Agent Stufflebeam that, based on information gathered during the criminal investigation, petitioners expected to report losses for subsequent years that would carry back and reduce petitioners’ income for one or more of the audit years. Petitioners may, thus, have asserted a right to a refund. Nevertheless, Revenue Agent Stufflebeam was examining petitioners’ returns for 1987 through 1991, petitioners had not yet filed their returns for 1992 and 1993 (or any amended returns for any year under examination), and Revenue Agent Stufflebeam told Mr. Barker that he would consider any carrybacks resulting from losses when he received returns showing such losses. To make an informal claim for refund, a taxpayer not only must assert his right to a refund for a year, but he must describe the legal and factual basis of the claim. New England Elec. Sys. v. United States, supra. Petitioners have not shown that they adequately described the factual basis of their claim to Revenue Agent Stufflebeam. Revenue Agent StufflebeamPage: 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