Bobby E. Welch - Page 17

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          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.                                 




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