Frank R. Sanchez - Page 5

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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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