Thomas J. Rosser - Page 14




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          B.   Whether Petitioner May Carry Forward to 1994 Net Operating             
               Losses From 1991 and 1993                                              
               Petitioner contends that he may carry forward to 1994 net              
          operating losses from 1991 and 1993.  We disagree.                          
               Generally, for the years in issue, a taxpayer must carry a             
          net operating loss back 3 years and carry it forward 15 years.              
          See sec. 172(b)(1)(A).3  A taxpayer may elect to forgo the                  
          carryback period.  See sec. 172(b)(3).  Petitioner did not elect            
          to forgo the carryback period for 1991 or 1993.                             
               When a taxpayer does not elect to forgo the carryback                  
          period, the taxpayer may carry losses forward only to the extent            
          they exceed the taxable income for the carryback years even if              
          the taxpayer did not carry back operating losses for those years.           
          See sec. 172(b)(2).  To carry forward or carry back net operating           
          losses, the taxpayer must prove the amount of the net operating             
          loss carryforward or carryback and that his or her gross income             
          in other years did not offset that loss.  See sec. 172(c); Jones            
          v. Commissioner, 25 T.C. 1100, 1104 (1956), revd. and remanded on           
          other grounds 259 F.2d 300 (5th Cir. 1958); Vaughan v.                      
          Commissioner, 15 B.T.A. 596, 600 (1929).                                    
               Petitioner offered into evidence his tax returns for 1990,             
          1991, 1992, and 1993.  A tax return does not establish that a               
          taxpayer had income and losses in the amounts reported on the               


               3  In 1997, sec. 172(b)(1)(A) was amended to generally                 
          require a 2-year carryback and 20-year carryforward.                        




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