Baldwin v. Commissioner
United States Tax Court
An application for tentative refund (Form 1045) to carry back a net operating loss (NOL) for 1987 to 1985 was tentatively allowed and a credit made against the amount of Ps' 1985 tax that had not been paid when the 1985 return was filed. Subsequently, respondent disallowed the 1987 NOL and determined a deficiency for 1985 in the amount of the previously allowed credit.
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An application for tentative refund (Form 1045) to carry back a net operating loss (NOL) for 1987 to 1985 was tentatively allowed and a credit made against the amount of Ps' 1985 tax that had not been paid when the 1985 return was filed. Subsequently, respondent disallowed the 1987 NOL and determined a deficiency for 1985 in the amount of the previously allowed credit. Ps argue that since the credit was allowed under a Form 1045 and since the correct amount of tax was reflected on their 1985 return (even though not paid), the credit cannot be a "rebate" under sec. 6211(b)(2), there is no…
1Opinion of the Court
PARKER, Judge:
Respondent determined a deficiency of $48,407.89 in petitioners’ 1985 Federal income tax.
This case is before the Court on petitioners’ motion to dismiss for lack of jurisdiction on the ground that there is no “deficiency” as defined in section 6211(a). Unless otherwise indicated, all section references are to the Internal Revenue Code as amended and in effect for the pertinent years, and all Rule references are to the Tax Court Rules of Practice and Procedure.
The issue for decision is whether an amount credited against petitioners’ 1985 tax liability as a result of an…
2Cases cited8 opinions
- Hannan v. CommissionerUnited States Tax Court · 1969
- Polachek v. CommissionerUnited States Tax Court · 1954
- Pesch v. CommissionerUnited States Tax Court · 1982
- Midland Mortg. Co. v. CommissionerUnited States Tax Court · 1980
- Neri v. CommissionerUnited States Tax Court · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ron Lykins, Inc. v. Comm'rUnited States Tax Court · 2009
- United States v. Richard Lee KearnsCourt of Appeals for the Eighth Circuit · 1999
- Acme Steel Co. v. Comm'rUnited States Tax Court · 2003
- Baldwin v. CommissionerUnited States Tax Court · 1993
- Baldwin v. CommissionerUnited States Tax Court · 1991
4 more not listed; retrieve them via the Exa API.