Larry J. and Patricia A. Sumrall - Page 9

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          the audit in 60 to 90 days if he could get certain additional               
          requested documents and the returns for the later years.                    
               During the course of Mr. Stufflebeam’s civil examination of            
          the audit years, he did not also examine the 1992 return.  He did           
          not receive a copy of it from the Ogden Service Center when, on             
          October 7, 1996, it was filed there, nor was he provided a copy             
          of it by petitioner or Mr. Barker.                                          
          I.  Introduction                                                            
               We must determine whether petitioners made timely claims for           
          refunds attributable to net operating loss (NOL) carrybacks from            
          1992 to 1989 and 1990.  If they did, then the parties are in                
          agreement that the amounts of such carrybacks are $31,113 and               
          $12,810 to 1989 and 1990, respectively.                                     
          II. Code and Regulations                                                    
               Section 172(a) allows an NOL deduction for a taxable year              
          equal to the aggregate of the NOL carryovers and carrybacks to              
          that year.  Every taxpayer claiming an NOL deduction for any                
          taxable year must file with his return for such year a statement            
          computing the amount of the NOL deduction claimed and setting               
          forth certain pertinent information.  Sec. 1.172-1(c), Income Tax           
          Regs.  If the taxpayer is entitled in computing his NOL deduction           
          to a carryback that he is not able to ascertain at the time he              
          files his return, he must compute his NOL deduction without                 

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