- 11 - An individual makes application for a tentative carryback adjustment by filing Form 1045, Application for Tentative Refund (Form 1045). Sec. 1.6411-1(b)(1), Income Tax Regs. As pertinent to this case, section 6411(a) provides that an application for a tentative carryback adjustment does not constitute a claim for refund. Section 6511(d)(2) provides the applicable period of limitations to file a claim for refund of the overpayment attributable to a NOL carryback. As pertinent to the facts before us, such period ends 3 years after the due date (including extensions) for filing the return for the taxable year (here, 1992) of the NOL. See sec. 6511(d)(2)(A).1 III. Discussion A. Introduction Petitioners requested, and were granted, an extension of time to file their Federal income tax return for 1992 until October 15, 1993. Because of such extension, they had until October 15, 1996, to file claims for refunds attributable to NOL carrybacks from 1992 to 1989 and 1990. Petitioners did not 1 Petitioners acknowledge that the time has passed for them to avail themselves of a tentative carryback adjustment. Application for such adjustment must be made on or after the date of filing the tax return for the year of the NOL but no later than 12 months from the end of such year. Sec. 6411(a); sec. 1.6411-1(c), Income Tax Regs. The 1992 Form 1040, with the Form 1045 page 2 attached, was filed on Oct. 7, 1996, well past the end of 1992.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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