- 15 - Under section 1212 any net capital losses that are disallowed as a result of the limitation in section 1211 may be carried forward to the next taxable year. In this case petitioners did not report a capital loss in 1990, but they have claimed a capital loss carryover to 1991. They have also claimed that the loss was actually a net operating loss carryforward. However, petitioners did not elect on their 1990 return to carry forward a net operating loss, as required by section 172(b)(3), and they have failed to substantiate that they experienced a loss in 1990 or 1992. Petitioners have the burden of proving entitlement to a capital loss or net operating loss. Rule 142(a); Burke v. Commissioner, T.C. Memo. 1995-608. They failed to do so. Therefore, we sustain respondent's disallowance of the claimed capital loss. Issue 4. Self-Employment Taxes and Adjustments Respondent determined that Mr. Ortiz' unreported income in 1991 and 1992 was subject to self-employment taxes under section 1401 and to an adjustment in his self-employment tax deduction in each year. Section 1401 imposes a tax on a taxpayer's self-employment income. Self-employment income includes the net earnings from self-employment derived by an individual during the taxable year. Sec. 1402(b). Net earnings from self-employment means gross income derived by an individual from any trade or business carried on by the individual, less allowable deductionsPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011