- 20 - At the bottom of petitioners’ 1998 Form 4797, petitioners indi- cated that the ordinary loss of $11,541 claimed in that form was attributable to the “ENTIRE DISP OF PAS ACT” conducted by Kildare Timmy. On May 17, 1999, petitioners jointly filed Form 1045, Application for Tentative Refund (Form 1045), for each of the taxable years 1996 and 1997, in which they claimed refunds based on an alleged NOL for 1998 that they carried back from that year to each of those earlier years. The claimed NOL for 1998 was attributable to petitioners’ having treated as nonpassive losses in petitioners’ 1998 return petitioners’ passive losses (i.e., ordinary passive losses and petitioners’ section 1231 passive losses)15 attributable to Kildare Timmy. Form 1045 showed the following: 2d preceding 1st preceding tax year ended 1996tax year ended 1997 Before After Before After carrybackcarryback carrybackcarryback Adjusted gross income from tax$369,867 $369,867 $402,727 $402,727 return or as previously adjusted Net operating loss deduction 0 360,918 0 124,219 after carryback Deductions 133,168 133,168 316,113 316,113 Taxable income 236,699 (124,219) 86,614 (37,605) Income tax 69,543 0 18,899 0 Total tax liability 69,543 0 18,899 0 Form 1045 also showed decreases of $69,543 and $18,899 in peti- 15The parties stipulated that the respective amounts of ordinary passive losses and sec. 1231 passive losses that peti- tioners claimed were attributable to Kildare Timmy were incorrect and stipulated the correct amount of each such loss.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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