- 11 - Issue 2. Net Operating Losses Petitioners claimed carryforward losses from 1976, 1977, 1980, 1982, 1984, 1985, and 1987 to the taxable years in issue. More specifically, petitioners claimed a net operating loss ("NOL") carryforward in the amount of $45,207 on page 1 of their Form 1040 for 1990. Through amended returns, petitioners claimed carryforward losses for 1988 and 1989. As mentioned above, the Commissioner's determinations are presumed correct, and the taxpayer bears the burden of proving that those determinations are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Accordingly, our first inquiry must be whether petitioners had any net operating losses in taxable years prior to 1988 that they could carry forward to the taxable years in issue, 1988, 1989, and 1990. Myers v. Commissioner, T.C. Memo. 1995-329. Regarding this matter, the record contains joint exhibits consisting of the income tax returns filed by petitioners for each of the taxable years 1975 through 1990. The record also contains exhibits from petitioners showing the NOL schedule compiled by petitioners' tax preparer. However, no one testified as to the claimed net operating losses incurred in the years prior to 1988, and the record includes no proof that such losses were in fact incurred or that carryovers were available as deductions in any of the years in issue. Based on the inadequate record thus presented, we are unable to find that any net operating losses actually were incurred inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011