Wagner v. Comm'r
United States Tax Court
Ps petitioned the Court under sec. 6320(c), I.R.C., to review a notice of a Federal tax lien placed upon their property for 1991 and 1996 Federal income taxes. Ps contend that they are entitled to carry back to 1991 a net operating loss that they incurred in 1994. Ps now move the Court to dismiss this case. Held: We shall grant Ps' motion. Estate of Ming v. Commissioner, 62 T.C. 519 (1974), distinguished.
1Opinion of the Court
OPINION
LARO, Judge:
Petitioners petitioned the Court under section 6320(c) to review a notice of a Federal tax lien placed upon their property. The lien arose from an assessment of Federal income taxes of $412,787.15 and $844.16 for 1991 and 1996, respectively. Petitioners now, after being served with respondent’s answer and respondent’s motion for summary judgment, move the Court to dismiss this case without prejudice to their right to seek in Federal District Court a determination that they incurred a net operating loss (NOL) in 1994 that may be carried back to 1991.1 We shall grant…
2Cases cited14 opinions
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- Reta L. McCants as Administratrix of the Estate of Johnny L. McCants Deceased v. Ford Motor Company, Inc.Court of Appeals for the Eleventh Circuit · 1986
- Beth B. Pontenberg v. Boston ScientificCourt of Appeals for the Eleventh Circuit · 2001
- Emma R. Dorl v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1974
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Davidson v. CommissionerUnited States Tax Court · 2015
- Ringo v. CommissionerUnited States Tax Court · 2014
- Settles v. CommissionerUnited States Tax Court · 2012
- Jacobson v. Comm'rUnited States Tax Court · 2017
- Hickey v. Comm'rUnited States Tax Court · 2005
6 more not listed; retrieve them via the Exa API.