- 3 - stated that, pursuant to section 6214(b), the Court may take into account facts pertaining to 1987 to correctly redetermine the tax for the taxable year 1995. In the stipulation of facts, petitioner conceded that for the 1995 tax year: (1) He was not entitled to the $23,039 NOL deduction claimed; (2) he was not entitled to the $2,990 of claimed Schedules C expenses; and (3) he was liable for the addition to tax of $504.75 pursuant to section 6651(a). The parties stipulated that all issues not specifically addressed in the stipulation of facts would be resolved in accordance with the notice of deficiency. Accordingly, although not specifically addressed in the stipulation of facts, petitioner is allowed the $40 deduction for one-half of the increased self-employment tax resulting from the disallowance of Schedules C expenses claimed on his 1995 tax return. The only remaining issues for decision are: (1) Whether petitioner is entitled to an adjustment pursuant to sections 1311 through 1314 to reflect a carryback of a 1990 tax year NOL to the tax year 1987; and (2) in the alternative, whether petitioner is entitled to equitable recoupment relief related to the carryback of a 1990 tax year NOL to the tax year 1987. Petitioner claimed, on his 1995 tax return, a $23,039 NOL carryforward deduction generated in 1990. Instead of a carryback of the NOL generated in 1990 to the 1987 tax year as allowedPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011