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1987 Overpayment
We begin by noting that the facts as presented surrounding
the 1987, 1989, 1990, 1991, and 1992 taxable years are unclear,
and at times, contradictory. By letter dated July 30, 1992,
petitioner sent respondent a duplicate copy of his 1989 return,
which respondent filed that date, and a copy of Form 1045,
Application for Tentative Refund, claiming a net operating loss
(NOL) for that year to be carried back to the 1987 taxable year.
This generated an overpayment of tax in 1987 of $3,341.
Petitioner asserts that these documents were previously filed in
November 1990, and that he never received the refund. Thus, he
filed Form 1040X, Amended U.S. Individual Income Tax Return,
requesting respondent to apply the unpaid refund to his 1990
estimated tax payments.
By the same letter, petitioner also filed his 1990 return
claiming an NOL and requested that respondent carryback that NOL
to 1987. This generated an additional overpayment in 1987 of
$3,300.3 Petitioner also requested that respondent apply this
overpayment as an estimated tax payment for 1990 and for “later
years.” As a result, the 1987 overpayment totaled $6,641, which
petitioner, on his 1990 return, applied as estimated tax
payments.
3 Petitioner claims the overpayment is $3,256. The reason
for the $44 discrepancy is unclear from the record, and we will
apply respondent’s calculations.
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Last modified: May 25, 2011