Johnston v. Comm'r
United States Tax Court
Ps made a qualified offer, pursuant to sec. 7430, I. R. C., to resolve Ps' tax liabilities for the 1989, 1991, and 1992 tax years. R accepted Ps' qualified offer, without negotiation. Thereafter, Ps sought to reduce the amounts stated in the qualified offer by the amount of net operating losses (NOLs) sustained in the 1988, 1990, 1993, and 1995 tax years.
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Ps made a qualified offer, pursuant to sec. 7430, I. R. C., to resolve Ps' tax liabilities for the 1989, 1991, and 1992 tax years. R accepted Ps' qualified offer, without negotiation. Thereafter, Ps sought to reduce the amounts stated in the qualified offer by the amount of net operating losses (NOLs) sustained in the 1988, 1990, 1993, and 1995 tax years. R refused to allow such a reduction, claiming that R's acceptance of Ps' qualified offer prevented Ps from reducing the agreed-upon amounts. Held: The parties entered into a contract to settle the docketed cases, as evidenced by Ps'…
1Opinion of the Court
SUPPLEMENTAL OPINION
Nims, Judge:
Respondent determined the following deficiencies and penalties with respect to petitioners’ Federal income taxes:
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By answer respondent also asserted increased deficiencies and penalties in docket Nos. 26005-96 and 2266-97.
These consolidated cases are presently before the Court on respondent’s motion for summary judgment filed on September 2, 2003. Petitioners filed an opposition to respondent’s motion, and respondent filed a reply to petitioners’ opposition.
The issue for decision is whether respondent’s acceptance of petitioners’ qualified offer…
2Cases cited6 opinions
- Dorchester Indus. v. Comm'rUnited States Tax Court · 1997
- Cloes v. CommissionerUnited States Tax Court · 1982
- Amile A. And Parvane S. Korangy v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1990
- General Signal Corp. v. CommissionerUnited States Tax Court · 1995
- Gladden v. Comm'rUnited States Tax Court · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thomas E. Johnston, and Thomas E. Johnston, Successor in Interest to Shirley L. Johnston, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2006
- Trout v. Comm'rUnited States Tax Court · 2008
- Vasquez v. Comm'rUnited States Tax Court · 2007
- David W. Trout v. CommissionerUnited States Tax Court · 2008
- Downing v. Comm'rUnited States Tax Court · 2005
7 more not listed; retrieve them via the Exa API.