Harold and Doreen Silk - Page 9

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          return that indicated their intention to make an election under             
          section 172(b)(3) to waive the NOL carryback period.  Likewise,             
          nothing on the 1995 return itself suggested that petitioners                
          intended to make such an election.                                          
               Accordingly, we hold that petitioners did not satisfy the              
          requirements under section 172(b)(3) for making a valid election            
          to waive the NOL carryback period.  We therefore sustain                    
          respondent’s disallowance of the NOL carryover claimed by                   
          petitioners on their 1996 return.                                           
               Reviewed and adopted as the report of the Small Tax                    
          Division.                                                                   
               To reflect the foregoing,                                              


                                                       Decision will be               
                                                  entered under Rule 155.             





















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