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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 has
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Last modified: May 25, 2011