Digby v. Commissioner
United States Tax Court
R's agent (A) examined P's 1987 income tax return and after review of P's records allowed a loss from a related pass-through entity. The overall examination resulted in a deficiency, and P executed a Form 870 agreeing to assessment. P filed a 1988 return and thereafter filed an amended 1988 return, which claimed additional loss from the same related entity.
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R's agent (A) examined P's 1987 income tax return and after review of P's records allowed a loss from a related pass-through entity. The overall examination resulted in a deficiency, and P executed a Form 870 agreeing to assessment. P filed a 1988 return and thereafter filed an amended 1988 return, which claimed additional loss from the same related entity. R's agent (B) in the conduct of a 1988 examination inspected the records relating to the loss and determined that P had inadequate basis to claim a loss for 1988 and 1987. The same records would be considered or inspected to determine…
1Opinion of the Court
Gerber, Judge:
Respondent determined deficiencies in these consolidated1 cases in the amounts of $112,614, $53,103, and $37,731 for petitioners’ 1987, 1988, and 1989 taxable years, respectively. The parties have resolved all substantive issues determined in the notices of deficiency and have agreed that there is a $39,346 deficiency due from petitioners for 1988 and a $22,947 overpayment due to petitioners for 1989. With respect to the 1987 tax year, the parties agree that there would be a $21,779 income tax deficiency due from petitioners but for the resolution of a procedural issue which…
2Cases cited18 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- United States v. PowellSupreme Court of the United States · 1964
- Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
- John Geurkink and Catherine Geurkink v. United StatesCourt of Appeals for the Seventh Circuit · 1965
- Collins v. CommissionerUnited States Tax Court · 1974
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3Cited by5 opinions
- United States v. Titan International, IncorporCourt of Appeals for the Seventh Circuit · 2016
- Fitzpatrick v. CommissionerUnited States Tax Court · 1995
- Digby v. CommissionerUnited States Tax Court · 1994
- Richard Essner v. CommissionerUnited States Tax Court · 2020
- Taylor Miller v. CommissionerUnited States Tax Court · 2001