- 3 - Sec. 6320 and/or 6330 with respect to petitioner’s Federal income taxes for 1993. The notice included the following statement: Relevant Issues Presented by the Taxpayer In your request for a hearing, you challenged the correctness of the liability by stating that you incurred losses in future periods that you thought should offset the * * * [income] from 1993. When questioned about this, you stated that you did not amend the applicable returns to compute any loss carrybacks, nor did you present a reasonable argument as to why a carryback is applicable. The service center received your return for tax year 1993 on November 10, 1997. The statute of limitations for amending this return has since expired, and we show no record that you have made any challenges to this liability prior to this hearing. The liability is comprised of original tax due with return, penalties and interest. No examination assessments or other changes to the account have been made. OPINION At the time of trial, petitioner acknowledged that “there is no question that the income for the period of ‘93 is an amount that is correct.” Petitioner contended, however, that his income in 1994, 1995, and 1996 was “substantially lower than that in ‘93.” Petitioner did not dispute respondent’s assertion that his return for 1993 was filed in November 1997 and that no returns were filed by him for the period from 1997 through 2002. Petitioner presented no evidence concerning the manner in which he allegedly incurred operating losses that could be carried back to 1993. Petitioner did not present copies of his returns for 1994, 1995, or 1996 or any other explanation of the losses that he was claiming before, during, or after trial. Petitioner hasPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011