- 15 - petitioners claimed a net operating loss (NOL) carryback from 1990 in the amount of $102,228. Petitioners reported the following after application of the carryback to the respective taxable years: 1987 1988 1989 AGI on return $49,726 $38,967 $40,889 Tax liability on return 5,949 3,529 3,549 Corrected tax liability -0- -0- -0- Overpayment 5,949 3,529 3,549 The 1990 return and the Form 1045 were prepared by individuals affiliated with the Hoyt organization. The refund and tentative refunds requested by petitioners with respect to the 1990 return and the carryback years totaled $16,798. Petitioners remitted two payments to the Hoyt organization during 1991 in the form of two cashier’s checks dated May 8, 1991, and August 20, 1991, in the respective amounts of $7,000 and $9,750. In January 1992, prior to the time petitioners signed their 1991 return, respondent mailed Hoyt investors, including petitioners, a letter regarding the application of section 469 (relating to passive activity loss limitations). That same month, Mr. Hoyt mailed a letter to investors, including petitioners, setting forth arguments that Hoyt investors materially participated in their investments within the meaning of section 469. In this letter, Mr. Hoyt stated that respondent’s assertions in the preceding letter were incorrect, and that the investors should do what was necessary toPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011