- 16 - for which it applies, and the taxpayer’s basis or entitlement for making the election. Sec. 301.9100-12T(d), Temporary Proced. & Admin. Regs., 57 Fed. Reg. 43896 (Sept. 23, 1992) (redesignating sec. 7.0, Temporary Income Tax Regs., 42 Fed. Reg. 1470 (Jan. 7, 1977)). We have previously analyzed these statutory and regulatory requirements under section 172 in Young v. Commissioner, 83 T.C. 831 (1984), affd. 783 F.2d 1201 (5th Cir. 1986). In Young, it was held that in order substantially to comply with the election regulations, “as an absolute minimum, the taxpayer must exhibit in some manner, within the time prescribed by the statute, his unequivocal agreement to accept both the benefits and burdens of the tax treatment afforded by that section.” Id. at 839. P&G’s August 14 letter falls far short of this minimum or threshold requirement. First, the letter to the service center was not attached to P&G’s return as required by the regulation. Second, the letter does not manifest P&G’s agreement or intention to make the election; it merely inquires whether such an election can be made. In that regard, most of the NOL’s in question were incurred during 1991, the year after P&G sent the letter of inquiry to the service center. Under these circumstances, we cannot find that P&G has complied with the regulatory requirements, and we sustain respondent’s determination thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011