Charles McHan and Martha McHan - Page 11

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          for 1985 and 1986.  Consistent with the principles discussed                
          above, it follows that petitioner is required to substantiate the           
          amount of the NOL that he reported in his 1987 return and then              
          carried back to 1985 and 1986.  See O'Connor v. Commissioner,               
          T.C. Memo. 1992-544.                                                        
               Respondent concedes that, if petitioner substantiates the              
          NOL reported in his 1987 return, the NOL accrued no later than              
          December 31, 1987.  In light of our holding that petitioner must            
          substantiate the NOL reported in 1987, we see no reason to                  
          consider the matter further.                                                
               In sum, we shall deny petitioner's Motion for Summary                  
          Judgment.  To reflect the foregoing,                                        
                                             An order will be issued                  
                                        denying petitioner's Motion                   
                                        for Summary Judgment.                         




















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