- 7 - $68,713. Timely filed amendment No. 1, at line 1, column A, also incorrectly shows a negative $52,690 as the previously reported gross income. Amendment No. 1 reports a corrected adjusted gross income of negative $150,132. The revised Form 1040 for 1996 attached to amendment No. 1 shows the same amount for total and adjusted gross income. During the examination of the 1998 return, petitioner produced a copy of a handwritten note using the same language as above but claiming a loss of $150,132, which note is alleged by petitioner to have been attached to amendment No. 1. The Court is not convinced that petitioner's handwritten notes were attached to the returns when they were received by the Internal Revenue Service. The Court will, nevertheless, assume for purposes of discussion that they were. The question remains as to the efficacy of the notes to waive successfully the carryback period. The essence of the statute is an unequivocal and binding communication of an election to waive the carryback period. See Young v. Commissioner, 83 T.C. at 839. In each note, petitioner listed an amount of NOL intended to be carried forward and the year from which it was being carried forward. The amount listed on the original return did not jibe with the amount in the handwritten note. The amount listed in the undated handwritten note that petitioner alleges was attachedPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011