- 37 - II. Period of Limitations Respondent concedes that 1976 and 1984 are closed if the Court determines that petitioner did not file fraudulent tax returns for those years. We have so found, and we agree with respondent. The parties agree that pursuant to section 6501(h) the period of limitations on assessment for 1985 remains open for the deficiency attributable to the carryback of the 1988 NOL. Respondent, however, argues that 1985 is open not only for the deficiency attributable to the 1988 NOL carryback, but for any deficiency for 1985 up to the amount of the NOL carryback. We are unable to agree with respondent's interpretation of this provision. Section 6501(h) provides an extended period for assessment in the case of a deficiency attributable to an NOL carryback. Such a deficiency may be assessed at any time before the expiration of the period within which a deficiency for the year generating the NOL carryback may be assessed. See sec. 6501(h). The extended period for the assessment of deficiencies under section 6501(h) applies only to deficiencies attributable to NOL carrybacks. See Bouchey v. Commissioner, 19 T.C. 1078, 1081 (1953); Leuthesser v. Commissioner, 18 T.C. 1112, 1125 (1952). Thus, deficiencies for 1985, the NOL carryback year, that are attributable to other items (i.e., non-NOL carryback items) arePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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