Tentative Carryback and Refund Adjustments

ID:
Office:
UILC:
CCA_2009081211044303
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6411.00-00
Number: 200940020
Release Date: 10/2/2009
From: ---
Sent: Wednesday, August 12, 2009 11:04:44 AM
To: ---
Cc: ---
Subject: RE: Stat notice and carryback
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I was unable to reach you on the phone yesterday. I have forwarded your question regarding the §
6662(h) penalty to our branch that handles penalties. Because you requested an immediate answer, I am sending you my response now with respect to the years to include on the stat. notice.
The stat. notice should list the years in which the Service is asserting a deficiency. In the situation you describe, the years listed should be ---, ---, and --- because those are the years in which the Service is asserting a deficiency. Should the taxpayer file a petition in Tax Court, the court would have jurisdiction to consider the transaction in --- that generated the loss but the Service would not be able to assert a deficiency for the --- tax year.
Please feel free to call me if you have any questions.
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