Jack H. Meyer - Page 8

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          Section 172(a) allows a deduction for an NOL, which may be                  
          carried back to each of the 2 years preceding the taxable year of           
          the loss and carried over to each of the 20 taxable years                   
          following the year of the loss.  Sec. 172(b)(1)(A).  Generally,             
          the entire amount of the NOL must first be carried to the                   
          earliest eligible carryback year.  Id.  Thereafter, the excess              
          (if any) of the NOL over the taxable income for each of the prior           
          taxable years to which such loss was carried must be carried to             
          each of the succeeding years.  Id.  A taxpayer may, however,                
          elect to relinquish the carryback period.  Sec. 172(b)(3).  The             
          election must be made, in a prescribed manner, by the due date              
          (including extensions) for filing the taxpayer’s return for the             
          NOL year in which the election is to be in effect.  Id.  A                  
          taxpayer claiming an NOL deduction for any taxable year must file           
          with his return for such year a statement which computed the                
          amount of the NOL deduction claimed and sets forth certain                  
          pertinent information.                                                      
               Petitioner testified that the “losses brought forward”                 
          deduction in the amount of $13,532 claimed on his Schedule C was            
          the result of “business expenses that exceeded the income” from             
          prior years.  Petitioner presented no authority in support of his           
          position that the NOL carried forward to 1998 should be included            
          in the computation of his 1998 net earnings from self-employment            
          and we reject that contention.                                              






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