Diesel Performance, Inc. - Page 6




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          the loss to the taxable years following the loss year.  That                
          section further provides:                                                   
                    (3) * * * Such election shall be made in such                     
               manner as may be prescribed by the Secretary, and shall                
               be made by the due date (including extensions of time)                 
               for filing the taxpayer's return for the taxable year                  
               of the net operating loss for which the election is to                 
               be in effect.  Such election, once made for any taxable                
               year, shall be irrevocable for that taxable year.                      
               The regulations, in accord with the statute, provide that              
          the "election must be made by the later of the time, including              
          extensions thereof, prescribed by law for filing income tax                 
          returns for such taxable year or March 8, 1977."  Sec. 7.0(b)(1),           
          Temporary Income Tax Regs., 42 Fed. Reg. 1469-1470 (Jan. 7,                 
          1977),2 which regulation is entitled Various Elections Under the            
          Tax Reform Act of 1976.  As to the manner in which the election             
          is to be effected, section 2, Temporary Income Tax Regs., 42 Fed.           
          Reg. 1470 (Jan. 7, 1977), provides:                                         
               (d) Manner of making election.  Unless otherwise                       
               provided in the return or in a form accompanying a                     
               return for the taxable year, the elections described                   
               * * * shall be made by a statement attached to the                     
               return (or amended return) for the taxable year.  The                  
               statement required when making an election pursuant to                 
               this section 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.                                                   


               2The regulation was redesignated in 1992 as sec. 301.9100-             
          12T, Temporary Income Tax Regs., 57 Fed. Reg. 43893 (Sept. 23,              
          1992).                                                                      




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