Estate of Clifford C. Haugen - Page 11

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          carryback, in the income-averaging computation for the 1998 tax,            
          respondent contends that the taxable income of petitioners for              
          1995 should be a negative $5,000, representing the dependency               
          exemptions claimed for 1995 that were not allowed as part of the            
          NOL.  Instead, petitioners claimed on Schedule J of their 1998              
          return negative taxable income of $121,767.  The same comparable            
          figures were used on Schedule J of the 1999 return (which                   
          involved the 1996 carryback year), and respondent argues the same           
          rule applies for that year as well.9                                        
               Although petitioners contend that they relied on the                   
          instructions for Schedule J in listing negative taxable income of           
          the base years in their income-averaging computations in                    
          connection with the 1998 and 1999 returns, respondent points out            
          on brief that petitioners failed to do so.  The line instructions           
          on Schedules J for 1998 and 1999, including the references for              
          the listing of taxable income of base years from Form 1040, U.S.            
          Individual Income Tax Return, clearly stated that, if taxable               
          income for a carryback year was negative, for income-averaging              
          purposes on Schedule J, the taxable income for such years should            
          be zero.  Petitioners, instead, on Schedules J for 1998 and 1999            
          reported the negative income amounts of the 2 carryback years,              


               9    In the income-averaging computation for 1999, an                  
          additional adjustment is made to the taxable income of the 1996             
          base year to further account for the use of the 1996 NOL                    
          carryback to a prior year.                                                  





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