Unser v. Commissioner
United States Tax Court
In computing taxable income for a current year under the income-averaging provisions of secs. 1301 through 1305, I.R.C. 1954, a taxpayer is required to use the correct amount of taxable income in each base period year whether or not that amount is the amount reported for such base period year, even though assessment of a deficiency or refund of an overpayment is barred by the statute of limitations for such base period.
1Opinion of the Court
OPINION
Scott, Judge:
Respondent determined a deficiency in the income tax of Robert W. Unser for the calendar year 1966 in the amount of $824.14 and determined deficiencies in the income taxes of Robert W. and Norma A. Unser for the calendar years 1967 and 1968 in the amounts of $2,057.92 and $967.11, respectively.
The issue for decision is whether in computing taxable income for the years 1966,1967, and 1968 under the income-averaging provisions of sections 1301 through 1305, I.R.C. 1954,1 petitioners are required to use the correct amount of the taxable income for a base period year where…
2Cases cited3 opinions
- Leonard Refineries, Inc. v. CommissionerUnited States Tax Court · 1948
- ABKCO Industries, Inc. v. CommissionerUnited States Tax Court · 1971
- Tebon v. CommissionerUnited States Tax Court · 1970
3Cited by27 opinions
- Odend'hal v. CommissionerUnited States Tax Court · 1983
- Sivils v. CommissionerUnited States Tax Court · 1986
- McCaskill v. CommissionerUnited States Tax Court · 1981
- Larson v. CommissionerUnited States Tax Court · 1994
- McDowell v. CommissionerUnited States Tax Court · 1987
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