- 4 - shall be made in the manner prescribed by the Secretary. Sec. 172(b)(3). Such an election: shall be made by a statement attached to the return (or amended return) for the taxable year. The statement required * * * shall indicate the section under which the election is being made and shall set forth information to identify the election, the period for which it applies, and the taxpayer’s basis or entitlement for making the election. Sec. 301.9100-12T(d), Temporary Proced. & Admin. Regs., 57 Fed. Reg. 43896 (Sept. 23, 1992) (redesignating sec. 7.0, Temporary Income Tax Regs., 42 Fed. Reg. 1470 (Jan. 7, 1977)). Petitioner did not file an election under section 172(b)(3). In addition, it was agreed that if the 1983 and 1984 NOL’s had been properly carried back, both NOL’s would have been entirely absorbed in the carryback period. Therefore, we must conclude that petitioner is not entitled to any carryover to 1990 and 1991. Petitioner argues that the mitigation provisions, sections 1311 through 1314, apply in this circumstance, and he should be allowed to carry back the NOL’s to 1980 and 1981. Respondent argues that the Court is without jurisdiction to consider petitioner’s mitigation argument because the tax years 1980 and 1981 are not before the Court and there has not been a determination as required under section 1313(a).Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011