- 2 - penalties for the short tax year of February 23 through December 31, 1995, and the tax years 1996 and 1997, as follows: Accuracy-related Addition to tax penalty Year Deficiency Sec. 6651(a)(1) Sec. 6662 19951 $75,771 - $15,154 1996 240,565 – 48,113 1997 249,337 $57,967 46,374 1 Pursuant to sec. 1398(d)(2)(D), petitioner elected to terminate his tax year as of the bankruptcy commencement date, Feb. 23, 1995. The deficiency is with respect to the short tax year of Feb. 23 through Dec. 31, 1995. All section references are to the Internal Revenue Code in effect for the tax years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. In a prior opinion, concerning respondent’s motion for partial summary judgment, we considered certain legal questions that affected petitioner’s ability to apply, on his tax returns, unused net operating losses (NOLs) from his bankruptcy proceeding. See Benton v. Commissioner, 122 T.C. 353 (2004) (Benton I). Among other things, in Benton I, we held that: (1) The “termination” of petitioner’s chapter 11 bankruptcy proceeding, for purposes of section 1398, occurred on August 31, 1997, upon confirmation of the plan and discharge of the debtor; and (2) generally, NOLs not used or absorbed by his bankruptcy estate may be applied by petitioner against his income for his tax years in issue, to the extent allowed under section 172 andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011