Linda Klyce - Page 10




                                       - 10 -                                         

               Respondent determined, and petitioner agrees, that                     
          petitioner had adjusted gross income amounts of $24,420, $8,623,            
          and $16,347 for 1988, 1989, and 1990, respectively.  Petitioner             
          contends that she should be allowed to carry forward her                    
          cumulative losses from 1985, 1986, and 1987 to her 1988, 1989,              
          and 1990 tax years in the amounts of $39,180, $14,758, and                  
          $6,134, respectively.  Respondent contends that petitioner is not           
          entitled to carry forward her losses from these years because               
          petitioner failed to make an irrevocable election on her returns            
          for each of these years, as required by section 172(b)(3)(C), to            
          relinquish the 3-year carryback period provided in section                  
          172(b)(1)(A).                                                               
               In general, section 172 allows a deduction for an amount               
          equal to the aggregate of the net operating loss carryover to a             
          taxable year plus the net operating loss carryback to that year.            
          See sec. 172(a).  Section 172(b), as in effect for the years at             
          issue, required that a net operating loss first be carried back             
          to each of the 3 previous taxable years and, if it was unabsorbed           
          by those years, that the remaining portion be carried forward to            
          the 15 following taxable years.  See sec. 172(b)(1) and (2).                
               Section 172(b)(3)(C), however, provides that a taxpayer may            
          elect to relinquish the entire carryback period and carry forward           
          the loss to the taxable years following the loss year. That                 
          section further provides:                                                   





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