- 10 - regard to such carryback. See sec. 1.172-1(d), Income Tax Regs. When the taxpayer ascertains the NOL carryback, he may within the applicable period of limitations file a claim for refund of the overpayment, if any, resulting from the failure originally to compute the NOL deduction for the taxable year with the inclusion of the carryback. Id. Section 301.6402-2(b)(1), Proced. & Admin Regs., sets forth the following general requirements concerning the contents of a claim for refund: (b) Grounds set forth in claim. (1) No refund or credit will be allowed after the expiration of the statutory period of limitation applicable to the filing of a claim therefor except upon one or more of the grounds set forth in a claim filed before the expiration of such period. The claim must set forth in detail each ground upon which a credit or refund is claimed and facts sufficient to apprise the Commissioner of the exact basis thereof. * * * An individual makes a claim for refund of an overpayment of income taxes for a taxable year on a Form 1040X, Amended U.S. Individual Income Tax Return (Form 1040X). See sec. 301.6402- 3(a)(2), Proced. & Admin. Regs. Alternatively, the taxpayer may file an application under the provisions of section 6411 for a tentative carryback adjustment attributable to an NOL. Sec. 1.172-1(d), Income Tax Regs. A tentative carryback adjustment can result in a refund’s being paid within 90 days. Sec. 6411(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011