Susan G. Kilburg - Page 9

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          to amendment No. 1 was consistent with the amount on the timely             
          filed Form 1040X and the revised Form 1040 attached to it.                  
          Neither handwritten note, however, claimed an election under                
          section 172.  It has been held that "at the very least, an                  
          election under section 172 must correctly cite section 172."                
          Powers v. Commissioner, 43 F.3d 172, 177 (5th Cir. 1995).                   
               The Court is not convinced that petitioner either literally            
          or substantially complied with the statutory election                       
          requirement.  Accordingly, the Court holds that petitioner must             
          carry back her NOL before any portion of it may be carried                  
               Reviewed and adopted as the report of the Small Tax Case               
                                                  Decision will be entered            
                                             under Rule 155.                          

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