- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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