- 11 - Petitioners did not understand the nature of the partnership losses, the farming losses, or the general business credits at the time they signed their returns and the Form 1045, but they did not seek advice concerning these items. Respondent issued petitioners a notice of deficiency reflecting the deficiencies and additions to tax as heretofore set forth in detail. The underlying deficiencies in 1984 and 1985 are based solely on respondent’s disallowance of the general business credit that petitioners sought to carry back to those years using the Form 1045. The underlying deficiencies in 1987, 1988, and 1989 are based on respondent’s disallowance of the Schedule F losses, and on computational adjustments to petitioners’ itemized deductions resulting from these Schedule F adjustments. The Schedule F losses were disallowed on several grounds, including respondent’s determination that petitioners did not meet the “at risk” requirements of section 465. The general business credits also were disallowed on several grounds, including respondent’s determination that the underlying property did not meet the requirements of section 46(c)(8). The partnership loss claimed by petitioners in 1987 was not disallowed in the notice of deficiency because respondent determined it to be a partnership item subject to the provisions of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, 96 Stat. 324. Based on the above adjustments, respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011