Adler v. United States

OPINION

MILLER, Judge.

This case is before the court after argument on cross-motions for summary judgment. The issue to be decided is whether plaintiff may recompute her regular and alternative minimum income tax liability for 1984 and 1985 using passive activity losses incurred in 1987 and 1988. Plaintiff seeks a refund of income taxes and estimated interest paid for the 1984 and 1985 tax years totalling $694,476.01.

FACTS

The following facts are undisputed, unless otherwise noted. Samuel I. and Bemyce Adler filed joint federal income tax returns for 1987 and 1988. Mr. Adler subsequently died,…