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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. Bradford
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