- 7 - a detailed schedule showing the computation of the NOL deduction. Sec. 1.172-1(c), Income Tax Regs. Section 172(c) defines the term “net operating loss” as “the excess of the deductions allowed by this chapter over the gross income. Such excess shall be computed with the modifications specified in subsection (d).” In the case of individuals such as petitioners, the list of modifications in subsection (d) includes that “No net operating loss deduction shall be allowed”, that “No deduction shall be allowed under section 151 (relating to personal exemptions)”, and that “the deductions allowable by this chapter which are not attributable to a taxpayer’s trade or business shall be allowed only to the extent of the amount of the gross income not derived from such trade or business”. Sec. 172(d)(1), (3), and (4). Petitioners’ counsel acknowledged at trial that petitioners bear the burden of proof in this case. Petitioners, as taxpayers attempting to deduct NOLs, bear the burden of establishing both the existence of the NOLs and the amount of any NOL that may be carried over to the subject years. Rule 142(a)(1); United States v. Olympic Radio & Television, Inc., 349 U.S. 232, 235 (1955); Keith v. Commissioner, 115 T.C. 605, 621 (2000); Jones v. Commissioner, 25 T.C. 1100, 1104 (1956), revd. and remanded on other grounds 259 F.2d 300 (5th Cir. 1958). Such a deduction is a matter of legislative grace; it is not a matter of right.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011