- 2 - 6651(a)(1).2 The deficiency and addition to tax were reflected in a notice of deficiency issued to petitioner on November 30, 2001, and result from respondent’s disallowance of petitioner’s deduction of a $234,265 net operating loss (NOL) carryover from its 1996 taxable year. Petitioner concedes that it is not entitled to the NOL deduction and alleges in an amendment to petition filed with the Court on June 13, 2003, that it “abandoned certain depreciable assets in the tax year 1997, and is entitled to a deductible loss for the amount of the basis in said assets for that year.” The amendment does not list the amount of the claimed loss but references an amended return prepared by petitioner on August 28, 2002, claiming an abandonment loss of $246,382. Petitioner asserts in its opening brief that its abandonment loss is actually $169,439. We decide first whether petitioner may deduct an abandonment loss for the subject year. We hold it may not. We decide second whether petitioner is liable for the addition to tax determined by respondent under section 6651(a)(1). We hold it is. FINDINGS OF FACT Some facts were stipulated. The stipulated facts and the accompanying exhibits are incorporated herein by this reference. 2 Unless otherwise indicated, section references are to the applicable versions of the Internal Revenue Code, Rule references are to the Tax Court Rules of Practice and Procedure, and dollar amounts are rounded to the nearest dollar.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011