James F. McGuirl - Page 7




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          Discussion                                                                  
               1.  Net Operating Loss Carryover From 1988 Taxable Year                
                    A.  Section 172                                                   
               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.            
          Sec. 172(a).  Section 172(b), as in effect for the year in issue,           
          required that a net operating loss first be carried back to each            
          of the 3 previous taxable years and, if unabsorbed by those                 
          years, that the remaining portion be carried forward to the 15              
          following taxable years.  Sec. 172(b)(1) and (2).                           
               Section 172(b)(3), 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 that:                                              
               Such election shall be made in such manner as may be                   
               prescribed by the Secretary, and shall be made by the                  
               due date (including extensions of time) for filing the                 
               taxpayer's return for the taxable year of the net                      
               operating loss for which the election is to be in                      
               effect.  Such election, once made for any taxable year,                
               shall be irrevocable for such taxable year.                            
               Respondent contends that petitioner is precluded from                  
          claiming a net operating loss carryover from taxable year 1987 or           
          1988 because petitioner has not filed an election as required               
          under section 172(b)(3) to waive the 3-year carryback period.               
          Petitioner did not file an election under section 172(b)(3) which           
          would permit the carry forward of any unabsorbed net operating              
          losses to the taxable year 1993.  If the election under section             


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