- 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