Jacob R. Ramsburg, Jr. and Norma J. Ramsburg - Page 20

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          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.                         




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