Harris Rabinovich - Page 5

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               Consistent with petitioner’s request, the excess credits for           
          the 1994 taxable year--$11,186.78--were carried over and applied            
          to the 1995 taxable year.  However, the Federal income tax return           
          for the 1995 taxable year was not filed until August 14, 2001, at           
          which time petitioner had a reported tax liability of $29,065.18            
          and total credits (including the carried-over amount) of                    
          $41,814.78 for that taxable year.                                           
               A portion of the excess credits for the 1995 taxable year–-            
          $9,377.604--was carried over and applied to the 1996 taxable                
          year, the Federal income tax return for which was not filed until           
          either August 2001 (according to petitioner) or March 26, 2002              
          (according to respondent).  For the 1996 taxable year, petitioner           
          had a reported tax liability of $33,210 and total credits of                
          $37,632.                                                                    
               Respondent did not apply the excess credits–-$4,422–-from              
          the 1996 taxable year to the 1997 taxable year.  Petitioner did             
          not file his Federal income tax return for the 1997 taxable year            
          until October 3, 2001, when he had credits of $28,743 that were             
          insufficient to cover the reported tax liability of $34,456.                






               4  According to respondent, the remaining excess credits–-             
          $3,372–-were erroneously applied to the 1998 taxable year.                  
          Respondent contends that he is not seeking recovery of this                 
          erroneous application.                                                      




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