- 13 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011