- 18 - 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. 43893 (Sept. 23, 1992) (redesignating sec. 7.0, Temporary Income Tax Regs., 42 Fed. Reg. 1469 (Jan. 7, 1977) ("Various elections under the Tax Reform Act of 1976")). Petitioner must first establish that he suffered an NOL for the taxable year 1984. To meet this burden petitioner relies on a purported retained copy of his 1984 return that was prepared by Mr. Moore. That return shows an NOL from petitioner's sole proprietorship "Bob Welch Electric" in the amount of $146,058 and an NOL carryforward in the amount of $4,907. Respondent has no record of the return's being filed and disputes the amount of the NOL claimed. For the purpose of discussion only, we are willing to assume that the return was timely filed and accurately reflects the loss. Petitioner, however, still faces the problem that there is no statement attached to the return identifying that an election has been made. Indeed, there is no evidence that any election to relinquish the carryback was ever made. Thus, under the general rule, the 1984 NOL would be carried back to the 1981, 1982, and 1983 taxable years and carried forward to the 1985 taxable year before it would be carried forward to any of the years before the Court. There is nothing in this recordPage: 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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