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virtue of the Order and Decision entered in Sams v. Commissioner,
docket No. 20161-98S. Petitioner alleges that she is entitled to
claim the NOL because she never received a copy of the agreement
between her counsel and respondent which formed the basis of the
settlement in that case.
Respondent determined that petitioner is not entitled to the
claimed NOL carryover of $56,699 because all NOL’s available for
petitioner to carryover were eliminated in a prior docketed case,
Sams v. Commissioner, docket No. 20161-98S. The Court entered an
Order and Decision in Sams v. Commissioner, docket No. 20161-98S,
on February 11, 2000, and ordered and decided that petitioner had
deficiencies in Federal income taxes, additions to tax, and
penalties for the taxable years 1992, 1993, 1994, and 1995.
An individual taxpayer may generally deduct an NOL carryover
for up to 20 years from the tax year of the loss. Sec.
172(b)(1)(A).
It is not clear from the record how or when the loss was
sustained, how the NOL carryover was computed, or whether the NOL
was computed properly under section 172. Petitioner’s 1991
return does not reflect the NOL available to be carried forward;
nevertheless, even if it properly reflected the NOL available to
be carried over, submission of the return is not sufficient
evidence of the claimed loss. Wilkinson v. Commissioner, 71 T.C.
633, 639 (1979). We conclude that petitioner has not
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