- 6 - that the Commissioner did not in the notice of deficiency dispute that they had NOL carryovers to 1998 and 1999 in the amounts so claimed. Petitioners conclude from their reading of the notice of deficiency that they may deduct the NOLs in the amounts claimed on the subject returns if they establish: (1) Their basis in the S corporations and (2) that the carryover period for the NOLS has not expired. When this case was tried on May 9, 2003, respondent’s counsel in his opening statement stated specifically that the substantiation of the existence, amounts, and years of petitioners’ NOLs was in issue. Respondent also stated similarly in his trial memorandum served upon petitioners’ counsel on April 17, 2003. Section 172 allows a taxpayer to deduct an NOL for a taxable year. The amount of the NOL deduction equals the sum of the NOL carryovers plus NOL carrybacks to that year. Sec. 172(a). Absent an election to the contrary, an NOL for any taxable year must first be carried back 3 years and then carried over 15 years. Sec. 172(b)(1)(A), (2), and (3).4 A taxpayer claiming an NOL deduction for a taxable year must file with his return for that year a concise statement setting forth the amount of the NOL deduction claimed and all material and pertinent facts, including 4 In 1997, sec. 172(b)(1)(A) was amended to generally require a 2-year carryback and a 20-year carryover for NOLs incurred in taxable years beginning after Aug. 5, 1997. Neither party asserts that this amendment is applicable here, and we conclude it is not.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011