Linda Klyce - Page 13




                                       - 13 -                                         

               In Young, the Court held that a taxpayer is required to                
          attach a separate statement with the requisite information to the           
          return itself.  The Court held further that the taxpayers' lack             
          of taxable income for the return year did not constitute such a             
          separate statement.  The Court stated:                                      

               That petitioners reported no taxable income for 1976                   
               indicates nothing concerning either the existence or                   
               the extent of a net operating loss for that year, or                   
               any intention to carry the net operating loss forward                  
               or backward. * * * [Fn. ref. omitted.]                                 

          Id. at 837.  The Court stated further that the taxpayers' entry             
          on the Form 4625 attached to the 1976 return "[indicated] nothing           
          with respect to the amount of a 1976 net operating loss, or [the            
          taxpayers'] intent to relinquish the carryback period for such              
          loss."  Id.                                                                 
               Here, petitioner did not comply with the express                       
          requirements of section 172, and the regulations thereunder, for            
          1985, 1986, and 1987 to relinquish the carryback of the net                 
          operating losses sustained for these years.  Petitioner did not             
          attach a separate statement to either her 1985, 1986, or 1987               
          return, or to her amended return for 1987, for the required                 
          election under section 172(b)(3)(C).6                                       

          6                                                                           
               Moreover, even if the 1987 amended return contained an                 
          election, the election would be ineffective or invalid.  In Young           
          v. Commissioner, supra, this Court concluded that the taxpayer's            
                                                             (continued...)           




Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011