Kristine A. Cluck - Page 9

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          This Court entered a decision in Elwood's case on August 29,                
          1989.                                                                       
                                       OPINION                                        
          Issue 1. The NOL's for 1987 and 1988                                        
               Respondent disallowed $166,129 of petitioner's claimed 1987            
          NOL deduction,8 and the entire NOL claimed for 1988.  More                  
          specifically, respondent adjusted the 1983, 1984, 1985, and 1986            
          losses that made up the 1987 and 1988 NOL's.  Respondent                    
          eliminated the 1983 and 1985 NOL's on the ground that petitioner            
          did not elect to carry such losses forward.  Petitioner has                 
          conceded this adjustment.9  Respondent also disallowed the                  
          carryforward of the 1984 loss, on the ground that such loss was             
          eliminated by the unreported gain arising from the sale of the              
          Grapevine property, as discussed below.  Finally, respondent                
          reduced the 1986 loss by $10,842, alleging that petitioner had              


          8  Petitioner claimed a net operating loss deduction of $195,459            
          for 1987, and respondent allowed a net operating loss deduction             
          of $29,330.                                                                 
          9  Petitioner made no arguments regarding her failure to elect to           
          forgo the carrybacks in both 1983 and 1985, and her returns for             
          those years do not contain such an election.  Since petitioner              
          failed to make such an election, as required by sec. 172(b)(3),             
          the 1983 and 1985 losses must first be carried back to 1980 and             
          1982, respectively.  It appears that Elwood had sufficient income           
          in 1980 and 1982 to absorb the 1983 and 1985 carrybacks, and                
          petitioner has not argued otherwise.  Therefore, we find that the           
          portion of petitioner's 1987 and 1988 net operating losses                  
          arising from the 1983 and 1985 loss carryforwards is not                    
          allowable.  Rule 151(e)(4) and (5); Petzoldt v. Commissioner, 92            
          T.C. 661, 683 (1989); Money v. Commissioner, 89 T.C. 46, 48                 
          (1987).                                                                     




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