Herschel H. and Roberta S. Hoopengarner - Page 11

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          must first be carried back 3 years and then carried over 15                 
          years.3  Sec. 172(b)(1)(A), (2), and (3).  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           
          a detailed schedule showing the computation of the NOL deduction.           
          Sec. 1.172-1(c), Income Tax Regs.                                           
               1.  Petitioners’ Tax Returns Do Not Substantiate the                   
                    Claimed NOLs                                                      
               A tax return is merely a statement of the taxpayer's claim             
          and does not establish the truth of the matters set forth                   
          therein.  Wilkinson v. Commissioner, 71 T.C. 633, 639 (1979).               
          Petitioner's 1994 through 1999 individual returns do not, by                
          themselves, substantiate the claimed NOLs.  Furthermore,                    
          petitioners did not provide the only tax return filed by the                
          partnership (for the taxable year ending in 1982), and                      
          petitioners failed to provide their individual tax returns prior            
          to 1992, which are the years in which the net operating losses              
          were allegedly generated.  Nor have petitioners provided the                
          Court with copies of tax returns filed by H & H Land Development            
          Corp. for any taxable year.                                                 





               3  For 1998 and 1999, NOLs must be carried back 2 years and            
          then carried over 20 years.                                                 





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