- 6 - to split the NOLs because they used the word “loss” instead of “losses” which was inconsistent with the election of both types of NOL. In reaching its holding, the Court of Appeals looked to extrinsic evidence outside of the taxpayers’ statement on their return. The Court of Appeals considered subsequent amended returns, expert testimony on the meaning of the term “net operating loss”, and the intent of the taxpayers’ return preparer. Miller v. Commissioner, 99 F.3d 1042 (11th Cir. 1996), revg. 104 T.C. 330 (1995). With that backdrop, we hold that petitioners’ 1994 election was valid and binding, and that it precludes their current attempt to carry back the 1994 NOL deduction to 1991. There is no ambiguity as to petitioners’ intentions or extrinsic evidence showing that petitioners intended not to waive the carryback of their 1994 NOL. To the contrary, at the time of filing their 1994 return, petitioners had applied their 1993 NOL to eliminate their 1991 tax liability. We recognize petitioners’ dilemma caused by the post-1994 disallowance of their 1993 NOL deduction, which in turn led to respondent’s determination of a 1991 income tax deficiency. However, the statute recites that such an election, once made, is irrevocable. See sec. 172(b)(3). To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 Next
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