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parties’ various concessions and leave the computations to be
disposed of pursuant to Rule 155. The parties have stipulated
that petitioners are entitled to the following carryback
deductions on account of NOLs if they can establish that they
made timely claims for credit or refund (without distinction,
refund) of overpayments in tax attributable to those deductions:
Loss Year Carryback Year Carryback Deduction
1991 1988 $14,113
1992 1989 31,113
1992 1990 12,810
On brief, respondent concedes that petitioners made a timely
claim for a refund attributable to an NOL carryback to 1988 from
1991. We accept that concession. The only issue remaining for
decision is whether petitioners made timely claims for refunds
attributable to NOL carrybacks to 1989 and 1990 from 1992.
Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the years in issue, and
all Rule references are to the Tax Court Rules of Practice and
Procedure. Dollar amounts have been rounded to the nearest
dollar.
Petitioners bear the burden of proof. Rule 142(a).
FINDINGS OF FACT
Some facts have been stipulated and are so found. The
stipulations of fact, with attached exhibits, are incorporated
herein by this reference.
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