- 2 - submitted fully stipulated under Rule 122.1 On their 1994 income tax return, petitioners attempted to waive the carryback of their claimed net operating loss (NOL). Petitioners now claim their attempt was without effect. The question we consider is whether petitioners properly elected to waive the carryback of an NOL under section 172(b)(3) and whether that election is binding. Background--Petitioners resided in Yorba Linda, California, at the time their petition was filed in this case. Petitioners filed a timely 1991 joint Federal income tax return reflecting a $11,231 income tax liability. Petitioners filed a timely 1994 joint Federal income tax return containing the following statement: The above named taxpayer incurred a net operating loss in the taxable year ending December 31, 1994 and is entitled to a three-year carryback period with respect to that loss under Code Section 172(B)(1) of the Internal Revenue Code. Pursuant to Code Section 172(B)(3), the taxpayer hereby elects to relinquish the entire carryback period with respect to the net operating loss incurred in the taxable year ending December 31, 1994. Prior to filing their 1994 return, petitioners had claimed a NOL for their 1993 taxable year that had been carried back to their 1991 tax year and caused the elimination of their 1991 income tax liability. After petitioners had filed their 1994 1 All Rule references are to this Court’s Rules of Practice and Procedure and all section references are to the Internal Revenue Code, in effect for the taxable year in question.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011