- 4 - pursuant to section 172(b)(1)(A)(i), petitioner claimed the 1990 NOL as a carryforward deduction only. However, in his 1990 tax return, petitioner failed to make the election to waive the carryback provision required to forgo the carryback. See sec. 172(b)(3). By failing to make this election with his 1990 tax return, petitioner is not entitled to the $23,039 NOL deduction generated in 1990 and claimed on his 1995 tax return, as he has conceded. After being informed of the error, petitioner, on July 13, 2001, filed an amended tax return for the 1987 tax year claiming a refund attributable to the 1990 error of failing to carryback the NOL to 1987. However, respondent determined that the period of limitations for filing the 1987 amended tax return to claim a refund attributable to the 1990 NOL carryback had expired on October 15, 1994. Thus, respondent denied the 1987 refund claim. Petitioner contends that the mitigation provisions of sections 1311 through 1314 apply because (1) respondent’s determination to disallow the NOL deduction claimed on the 1995 tax return, and (2) respondent’s refusal to correct the error by allowing the NOL carryback to 1987, constitute a double disallowance of a deduction pursuant to section 1312(4). The mitigation provisions, sections 1311 through 1314, were designed to palliate the effect of the period of limitations in certain meticulously and narrowly defined situations. BradfordPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011