- 9 - 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. OPINION 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 withoutPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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