- 8 - Petitioner offered several prior years tax returns and schedules which attempted to explain his claimed NOL deduction. 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 prior years tax returns do not, by themselves, adequately explain the claimed NOL deduction. Additionally, petitioner’s schedules also failed to substantiate his claimed NOL deduction. Triplett v. Commissioner, T.C. Memo. 2001-320, affd. 53 Fed. Appx. 339 (6th Cir. 2002). For instance, in calculating his NOL deduction, petitioner did not apply the applicable carryback rule of section 172(b)(1) to the prior taxable years. Petitioner did not elect to waive the applicable carryback period with respect to any of the prior taxable years. Petitioner testified that the carryback requirement was “something I haven’t been aware of.” While petitioner’s schedules attempted to explain how he computed his NOL deduction, his explanation makes no sense. Accordingly, we find that petitioner is not entitled to an NOL deduction under section 172 for the taxable year 1998 in excess of that allowed by respondent. Finally, we must consider whether petitioner is allowed credits for excess Social Security and Medicare taxes withheld from his wages. The Federal Insurance Contributions Act (FICA), ch. 736, 68APage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011