Roger Farmer - Page 4

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          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).                            






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