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deficiency. A taxpayer, such as TLC, had the burden of
proving that the Commissioner’s deficiency
determination was invalid, but it did not also have the
burden of showing the amount of tax, if any, that TLC
owed. To impose such a burden on TLC, as respondent
would have the Court do, “would not be consonant with
the great remedial purposes of the legislation
creating” the U.S. Tax Court. Helvering v. Taylor, 293
U.S. 507, 516 (1935).
* * * * * * *
In many, but not all cases, evidence adequate to
overthrow the Commissioner’s findings is also adequate
to show the correct amount that is due. Id. [Helvering
v. Taylor, 293 U.S. 507 (1935)] at 515. For cases in
which evidence is not adequate to show the correct
amount due, Rule 155 permits the parties to submit
computations to the Court based on the Court’s opinion.
* * *
On the record before us, we reject petitioner’s assertion.
Petitioner’s assertion that the parties stipulated that a
Rule 155 computation was necessary is wrong. The parties
stipulated:
On May 17, 1998, Petitioner filed a Corporation
Application for Tentative Refund (“Form 1139”)
[petitioner’s Form 1139] seeking tentative refunds for
the tax years 1994, 1995, and 1996 of $460,999,
$473,305, and $286,223, respectively. These tentative
refund claims were based on the carryback of a
$3,589,781 claimed net operating loss from the tax year
1997.
* * * Pursuant to I.R.C. � 6511(b), on or about
May 27, 1998, Respondent issued Petitioner tentative
refunds for the tax years 1994, 1995, and 1996, of
$460,999, $473,305, and $286,223, respectively, based
on the Form 1139. If there is a decision on the per
diem issue, a computation will have to take into
account this refund for years in issue.
Tentative refunds, like the tentative refunds that
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