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On November 2, 2001, petitioner filed a Form 1045,
Application for Tentative Refund, for his 2000 taxable year,
claiming a $4,030,143 decrease in income tax for taxable year
1999 on account of a claimed net operating loss carryback of
$9,880,708 from his 2000 taxable year.8
On November 2, 2001, petitioner also filed a Form 1040X,
Amended U.S. Individual Income Tax Return, for his 1999 taxable
year to reflect the claimed net operating loss carryback of
$9,880,708 from his 2000 taxable year, as well as a net operating
loss carryover of $571,238 from his 1998 taxable year. The
amended return reflected a total tax of $3,049,864.
On December 5, 2001, respondent denied petitioner’s section
9100 relief request in Priv. Ltr. Rul. 129057-00 (200209053),
stating in pertinent part as follows:
Because Taxpayer’s request for relief is denied
pursuant to section 301.9100-3(c)(2) for lack of
unusual and compelling circumstance, it is unnecessary
for us to consider Taxpayer’s assertion that he acted
reasonably and in good faith under section 301.9100-
3(b), without using hindsight in requesting relief.
* * *
7(...continued)
presume prejudice to the interests of the Government absent
unusual and compelling circumstances. The application of sec.
301.9100-3(c)(2), Proced. & Admin. Regs., is a central issue in
the instant case and is discussed in greater detail below.
8Respondent later denied petitioner’s refund request.
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