Pelton & Gunther, Professional Corporation - Page 16




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               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 that                








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