Jack H. Meyer - Page 9

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               Petitioner offered several prior years tax returns and                 
          schedules which attempted to explain his claimed NOL deduction.             
          A tax return is merely a statement of the taxpayer’s claim and              
          does not establish the truth of the matters set forth therein.              
          Wilkinson v. Commissioner, 71 T.C. 633, 639 (1979).  Petitioner’s           
          prior years tax returns do not, by themselves, adequately explain           
          the claimed NOL deduction.  Additionally, petitioner’s schedules            
          also failed to substantiate his claimed NOL deduction.  Triplett            
          v. Commissioner, T.C. Memo. 2001-320, affd. 53 Fed. Appx. 339               
          (6th Cir. 2002).  For instance, in calculating his NOL deduction,           
          petitioner did not apply the applicable carryback rule of section           
          172(b)(1) to the prior taxable years.  Petitioner did not elect             
          to waive the applicable carryback period with respect to any of             
          the prior taxable years.  Petitioner testified that the carryback           
          requirement was “something I haven’t been aware of.”  While                 
          petitioner’s schedules attempted to explain how he computed his             
          NOL deduction, his explanation makes no sense.  Accordingly, we             
          find that petitioner is not entitled to an NOL deduction under              
          section 172 for the taxable year 1998 in excess of that allowed             
          by respondent.                                                              
               Finally, we must consider whether petitioner is allowed                
          credits for excess Social Security and Medicare taxes withheld              
          from his wages.                                                             
               The Federal Insurance Contributions Act (FICA), ch. 736, 68A           






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