Legal Opinion

Baldwin v. Commissioner

United States Tax Court

Decided December 23, 1991No. Docket No. 315-91Published

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

JERRY C. BALDWIN and PATRICIA A. BALDWIN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

Baldwin v. Commissioner

Docket No. 315-91

United States Tax Court

97 T.C. 704; 1991 U.S. Tax Ct. LEXIS 109; 97 T.C. No. 47;

December 23, 1991, Filed

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…

2Cases cited9 opinions

  1. Hannan v. CommissionerUnited States Tax Court · 1969
  2. Polachek v. CommissionerUnited States Tax Court · 1954
  3. Pesch v. CommissionerUnited States Tax Court · 1982
  4. Midland Mortg. Co. v. CommissionerUnited States Tax Court · 1980
  5. Neri v. CommissionerUnited States Tax Court · 1970

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