Krieger v. Commissioner
United States Tax Court
Where an erroneous refund has been made to a taxpayer in respect of an excessive carryback of a net operating loss, the Government has alternative remedies.
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Where an erroneous refund has been made to a taxpayer in respect of an excessive carryback of a net operating loss, the Government has alternative remedies. The Commissioner may determine a deficiency in respect of the year of the refund, or the Government may proceed to recover the refund in a civil action brought in the name of the United States pursuant to sec. 7405. If the deficiency procedure is employed, the statute of limitations of sec. 6501(a) and (h) is applicable rather than the 2-year period specified in sec. 6532(b) relating to suits by the United States to recover erroneous…
1Opinion of the Court
OPINION
Raum, Judge:
The Commissioner determined a deficiency of $623.03 in petitioners’ income tax for the calendar year 1968. The deficiency is based upon an excessive net operating loss claimed for 1970 which resulted in an excessive carryback and refund for 1968. The fact that the refund for 1968 was excessive in the amount determined by the Commissioner is not in controversy, and the only matter in issue is whether the Commissioner was barred by limitations from determining the deficiency for 1968. All of the facts have been stipulated.
Petitioners are husband and wife and resided in Boca…
2Cases cited11 opinions
- Polachek v. CommissionerUnited States Tax Court · 1954
- Burnet v. PorterSupreme Court of the United States · 1931
- Warren v. CommissionerUnited States Tax Court · 1949
- Leuthesser v. CommissionerUnited States Tax Court · 1952
- Bouchey v. CommissionerUnited States Tax Court · 1953
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pesch v. CommissionerUnited States Tax Court · 1982
- Midland Mortg. Co. v. CommissionerUnited States Tax Court · 1980
- O'Bryant v. United StatesDistrict Court, C.D. Illinois · 1993
- Herman Bennett Co. v. CommissionerUnited States Tax Court · 1975
- Fine v. CommissionerUnited States Tax Court · 1978
9 more not listed; retrieve them via the Exa API.