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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.
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