§6411 — Tentative carryback and refund adjustments

We also identified the unique treatment of net operating losses from the tax enforcement perspective: Section 6411 provides for a tentative refund for a net operating loss carryback after a cursory review.

On March 18, 2002, petitiöner filed Form 1139, Corporate Application for Tentative Refund (Form 1139), in which it carried back from taxable year 2001 $161,640,702 to taxable year 2000, $135,267,183 ofwhich was attributable to the 2001 stock loss in question.7 Pursuant to section 6411, respondent paid petitioner a tentative refund of$35,219,997 with respect to Form 1139 that it had filed.

ears 1984, 1985, and 1986 (consisting of investment tax credits for those years and jobs credits for 1984 and 1985) were carried back - 39 - pursuant to section 39 to 1981 and 1983 in the respective amounts of $5,663,086 and $11,454,565, resulting in Alumax' receipt of tax refunds in those amounts pursuant to section 6411.

6411(c). Section 1.6411-4, Income Tax Regs., cross-references section 1.1502-78, Income Tax Regs., for rules applicable to consolidated groups. Section 1.1502-78, Income Tax Regs., provides, in part, as follows: (a) General Rule.--If a group has a consolidated net operating loss, a consolidated net capital loss, or a consolidated unused investment credit for any taxable year, then any application under section 6411 for a tentative carryback adjustment of the taxes for a consolidated return year

The application of section 6411, however, is subject to such conditions, limitations, and exceptions as prescribed by regulation when the applicant made or was required to make a consolidated return either for the year in which the NOL arose, or for the prior taxable year to which the nol is carried.

well settled that the IRS has three remedies to recover an "abatement, credit, refund, or other payment" erroneously allowed under section 6411 : (i) to summarily assess the.

Following the restructuring and spinoff, P filed a consolidated Form 1120, U.S. Corporation Income Tax Return, for a 27-week 1986 tax year claiming a consolidated net operating loss (CNOL). P filed a Form 1139, Application for Tentative Refund under sec. 6411, I.R.C., carrying back the CNOL to the affiliated group’s 1981 and 1984 tax years and requesting tentative refunds for 1981 and 1984. I filed a consolidated U.S. corporation income tax return for a 52-week 1986 tax year claiming a CNOL. I a

in when petitioner could have achieved the desired result; i.e., an immediate refund attributable to the carryback of the net short-term capital loss from 1993 to 1991, simply by filing an application for a tentative carryback adjustment pursuant to section 6411. However, we are reminded of the familiar principle that "a 8 Sec. 6211(a) defines a deficiency as the amount by which the tax imposed on a taxpayer for a particular taxable year exceeds the excess of-- (1) the sum of (A) the amount show

in when petitioner could have achieved the desired result; i.e., an immediate refund attributable to the carryback of the net short-term capital loss from 1993 to 1991, simply by filing an application for a tentative carryback adjustment pursuant to section 6411. However, we are reminded of the familiar principle that "a 8 Sec. 6211(a) defines a deficiency as the amount by which the tax imposed on a taxpayer for a particular taxable year exceeds the excess of-- (1) the sum of (A) the amount show

in when petitioner could have achieved the desired result; i.e., an immediate refund attributable to the carryback of the net short-term capital loss from 1993 to 1991, simply by filing an application for a tentative carryback adjustment pursuant to section 6411. However, we are reminded of the familiar principle that "a 8 Sec. 6211(a) defines a deficiency as the amount by which the tax imposed on a taxpayer for a particular taxable year exceeds the excess of-- (1) the sum of (A) the amount show

x credits for those years and jobs credits for 1984 and 1985) were carried back pursuant to section 39 to 1981 and 1983 in the respective amounts of $5,663,086 and $11,454,565, resulting in Alumax’ receipt of tax refunds in those amounts pursuant to section 6411. The consolidated return filed by Amax for each of the years 1984, 1985, and 1986 constituted the return of each member of petitioners’ group for each such year, regardless whether the inclusion of petitioners in each of those consolidat

mental Income and Loss, for 2008; increased income, dividends, and interest for 2008; increased certain losses from sales ofbusiness property for 2008; increased itemized deductions for 2008; and made other computational adjustments. ¹°See generally I.R.C. sec. 6411. - 19 - [*19] V. Trial Proceedings The Lamases resided in Florida when they timely petitioned the Court. A. Testimony From Petitioners' Witnesses At trial petitioners called 10 witnesses and submitted stipulated testimony from two mo

Alternatively, the taxpayer may file an application under the provisions of section 6411 for a tentative carryback adjustment attributable to an NOL.

Respondent allowed those refunds. On July 26, 1996, before the parties filed their Rule 155 computations and proposed decision documents, petitioner filed a motion to strike paragraphs 4(cw) and 5(bt)(i) of its petition. Through the motion, petitioner sought to clarify that the amounts carried back to the 1983 and 1984 tax years (and any