- 6 - (i) shall be a net operating loss carryback to each of the 3 taxable years preceding the taxable year of such loss, and (ii) shall be a net operating loss carryover to each of the 15 taxable years following the taxable year of the loss. Under a plain reading of section 172(b)(1)(A)(i), a taxpayer such as Mr. Lassiter must first apply an NOL loss to his third taxable year preceding the loss, then apply any remaining portion of that loss to his second taxable year preceding the loss, and then apply any portion of the loss that still remains to his taxable year immediately preceding the loss. If the NOL is not fully absorbed in those 3 carryback years, or if the taxpayer elects under section 172(b)(3) to waive the carryback of the NOL, section 172(b)(1)(A)(ii) mandates that the unabsorbed NOL be carried forward to, and applied in, the first taxable year postdating the loss. Section 172(b)(1)(A)(ii) further mandates that this carryover procedure follow for each of the next 14 years until the NOL is applied in full. With the exception of section 172(b)(3), and certain other specialized rules set forth in section 172(b), none of which are applicable here, the statute does not provide explicitly any rule that would allow a taxpayer to decline to apply an NOL in the year which is next in line under the statutory scheme. As the U.S. Supreme Court has observed with respect to the purpose of this statute:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011