Ron Lykins, Inc. v. Comm'r
United States Tax Court
P filed a corporate tax return for 2001 reporting a net operating loss (NOL). P then requested tentative refunds for 1999 and 2000 from the NOL carryback into those years, pursuant to I.R.C. sec. 6411. The IRS allowed those refunds in December 2002. In February 2003 R issued to P a statutory notice of deficiency for 1999 and 2000 that made no adjustment related to, nor any mention of, the NOL carryback or the refunds.
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P filed a corporate tax return for 2001 reporting a net operating loss (NOL). P then requested tentative refunds for 1999 and 2000 from the NOL carryback into those years, pursuant to I.R.C. sec. 6411. The IRS allowed those refunds in December 2002. In February 2003 R issued to P a statutory notice of deficiency for 1999 and 2000 that made no adjustment related to, nor any mention of, the NOL carryback or the refunds. P filed a timely petition with respect to that notice of deficiency. During the deficiency case, the IRS Office of Appeals considered P's NOL carrybacks and determined not to…
1Opinion of the Court
OPINION
Gustafson, Judge:
This case is an appeal by petitioner Ron Lykins, Inc. (RLI), under section 6330(d).1 RLI seeks our review of the determination by the Internal Revenue Service (IRS) to uphold a proposed levy on RLl’s assets. The levy is intended to recapture income tax refunds for tax years 1999 and 2000 which the IRS tentatively allowed as a result of RLl’s claimed net operating loss (NOL) carryback from 2001 but later concluded was improper. This case is submitted to the Court fully stipulated under Rule 122.
The parties’ primary contentions focus on the doctrine of res judicata.…
2Cases cited34 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Montana v. United StatesSupreme Court of the United States · 1979
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Naftel v. CommissionerUnited States Tax Court · 1985
29 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Everett Assocs. v. Comm'rUnited States Tax Court · 2012
- Conway v. CommissionerUnited States Tax Court · 2011
- Cavaretta v. Comm'rUnited States Tax Court · 2010
- Gould v. Comm'rUnited States Tax Court · 2012
- Holdner v. Comm'rUnited States Tax Court · 2010
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