Augustin B. Jombo - Page 13





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          did not identify on the return the year or years from which he              
          was carrying the loss to 1996.  On brief, petitioner contends               
          that he carried forward rental property losses from 1991 and                
          1992.  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.  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).  There is no evidence           
          in the record that petitioner had rental property losses or that            
          any losses exceeded his large amount of gross income from 1991              
          through 1996.                                                               
               Petitioner testified that his net operating loss claim                 
          related to a $2 million stock options loss in 2001.  He did not             
          explain how he knew in 1998, when he filed his 1997 return, that            
          he would have a $2 million stock options loss in 2001.  We                  
          conclude that petitioner may not carry over any losses to 1996.             










               6(...continued)                                                        
          stated in it.  Lawinger v. Commissioner, 103 T.C. 428, 438                  
          (1994); Wilkinson v. Commissioner, 71 T.C. 633, 639 (1979);                 
          Roberts v. Commissioner, 62 T.C. 834, 837 (1974).                           




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