Thomas J. Rosser - Page 15




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          return.  See Wilkinson v. Commissioner, 71 T.C. 633, 639 (1979);            
          Roberts v. Commissioner, 62 T.C. 834, 837, 839 (1974).                      
          Petitioner did not establish the amount of his 1991 or 1993 net             
          operating loss, or that his income in the carryback years before            
          1991 or 1993 did not fully offset any net operating loss.4                  
               Petitioner has failed to show that he may carry a net                  
          operating loss forward from 1991 or 1993 to 1994.  We conclude              
          that petitioner may not carry forward any losses to 1994.                   
          C.   Whether Petitioner Is Liable for the Addition to Tax for               
               Failure To Timely File                                                 
               Respondent determined that petitioner is liable for the                
          addition to tax for failure to timely file his returns for 1993             
          and 1994.  Petitioner did not show that he had reasonable cause             
          for failing to file timely the returns in issue.  Petitioner                
          offered no evidence and made no argument on this issue.  Thus,              
          petitioner has conceded this issue.  See, e.g., Bradley v.                  
          Commissioner, 100 T.C. 367, 370 (1993); Sundstrand Corp. v.                 
          Commissioner, 96 T.C. 226, 344 (1991); Rybak v. Commissioner, 91            
          T.C. 524, 566 n.19 (1988); Money v. Commissioner, 89 T.C. 46, 48            
          (1987); Leahy v. Commissioner, 87 T.C. 56, 73-74 (1986).                    






               4  Thus, we need not decide petitioner’s contentions that he           
          should not be required to have elected under sec. 172(b)(3) on              
          his original 1991 and 1993 returns or that respondent has                   
          discretion to allow him to elect now.                                       




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