- 15 - affd. 737 F.2d 1440 (5th Cir. 1984); sec. 1.11-1(b), Income Tax Regs. Section 172(a) allows as a deduction for the taxable year an NOL carryback. NOLs in tax years beginning before August 6, 1997, may generally be carried back to the 3 years preceding the loss year and then forward to 15 years following the loss year. Sec. 172(b)(1)(A); Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 1082(a), 111 Stat. 950; see also Intermet Corp. & Subs. v. Commissioner, 117 T.C. 133, 136 n.1 (2001). At the time petitioner filed its Federal income tax return for the tax year ended January 31, 1994, it understated its income tax by $225,753. The tax shown as due on petitioner’s return for the year was zero. The parties agree that for the tax year ended January 31, 1995, petitioner incurred an NOL which it was entitled to carry back to the year in issue. Section 172(a) treats the NOL carryback as a deduction from petitioner’s income. This deduction reduced petitioner’s taxable income, and correspondingly reduced its tax, as imposed by the Code, for the tax year ended January 31, 1994, to $63,573. Therefore, under a straightforward application of the statute and the Commissioner’s own regulations, the excess of the tax imposed by the Code for the tax year at issue over the amount of tax paid on or before the return due date was $63,573.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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