- 17 - cash-back deposits, which we doubt, respondent would not be precluded from raising the issue, especially when he relies on petitioner's own testimony. In sum, we hold that respondent may amend the answer to raise the issue. Furthermore, the evidence clearly established that the gross receipts from the bank deposit analysis for 1986 were understated by $5,713. Net Operating Loss (NOL) Carryover from 1984 Petitioner contends that he is entitled to deductions for the taxable years after 1985 for NOL carryovers from the 1984 taxable year. Section 172(a) allows a deduction for an NOL carryover to a taxable year plus an NOL carryback to that year. For the years before the Court, an NOL would be carried back for 3 years and carried over for 15 years.13 A taxpayer can, however, elect to relinquish the carryback period. Such an election must be made by the due date for filing the taxpayer's return for the taxable year of the NOL for which the election is to be in effect, in a manner prescribed by the Secretary. Sec. 172(b)(3)(C). Such an election: shall be made by a statement attached to the return (or amended return) for the taxable 13 Before 1986, an NOL could be carried over for 5 years. Sec. 172(b)(1)(B). Sec. 1009(c)(3) of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, 102 Stat. 3342, 3449, extended the carryover period for NOL's for losses occurring after Dec. 31, 1975, to 15 years.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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