- 4 - determination had the effect of reducing the amount available for carryover to the 1998 year from $118,960 to $27,424. After obtaining evidence of petitioner's filing for 1993, respondent moved to increase the deficiency in this case due to the carryback of the 1996 loss to 1993 as well as the 2 subsequent years.1 Discussion The parties agree that petitioner incurred an operating loss. The only issue for the Court to decide with respect to the NOL is whether petitioner must carry it back to the 3 preceding taxable years before any portion may be carried forward. Because the Court decides the issue in this case without regard to the burden of proof, section 7491 is inapplicable. For the years involved here, a taxpayer may carry back an NOL to the 3 years before the loss year, and then forward to each of the 15 years following the loss year. Sec. 172(b)(1)2. A taxpayer may elect to forgo the carryback period. Sec. 172(b)(3). The election must be made by the due date, including extensions, for filing the taxpayer's return for the year the NOL 1In his answer, respondent alleges that "After carrying back the NOL to 1993, the 1996 NOL carryforward to 1998 is decreased from $91,536 stated in the notice of deficiency to $27,242". This allegation appears to be erroneous. 2With respect to net operating losses for taxable years beginning after the date of enactment of the Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 1082(a)(1) and (2), 111 Stat. 950, the carryback and carryover periods were changed.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011