Larry J. and Patricia A. Sumrall - Page 13




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          component.  E.g., Hollie v. Commissioner, 73 T.C. 1198, 1212                
          (1980); Jackson v. Commissioner, T.C. Memo. 2002-44.                        
                    2.  Petitioners’s Argument                                        
               Petitioners ask us to assemble the following pieces into               
          informal claims for refund for 1989 and 1990:  The Form 1045                
          page 2, attached to the 1992 return (filed October 7, 1996),                
          Mr. Barker’s June 18, 1996, telephone conversation with Revenue             
          Agent Stufflebeam (the June 18 conversation), memorialized in the           
          June 18 notes, and the provisions of section 172(b), specifying             
          the years to which an NOL is to be carried.  Taken separately, or           
          together, however, such pieces do not constitute informal claims            
          for refund.                                                                 
                    3.  The Form 1045 Page 2                                          
               The instructions accompanying Form 1045 provide that it is             
          to be used by an individual to apply for a quick refund resulting           
          from an NOL carryback.  The instructions state that the                     
          application is not treated as a claim for credit or refund, which           
          claim, by an individual, is to be made by filing a Form 1040X.              
          The instructions further state that the form is to be filed with            
          the Internal Revenue Service Center for the place where the                 
          taxpayer lives.  The instructions warn:  “Caution!  Do not mail             
          Form 1045 with your * * * [year] income tax return.”                        
               In New England Elec. Sys. v. United States, 32 Fed. Cl. 636,           
          641 (1995), the U.S. Court of Federal Claims stated that, in                






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