- 4 - In the notice of deficiency for the subject years, respondent determined that petitioner was not entitled to deduct any of the claimed NOL carryovers but, as to 1997, that petitioner was entitled to deduct a capital loss of $3,000. Respondent determined in the notice of deficiency that petitioner was no longer entitled to deduct a $3,000 capital loss for either 1998 or 1999. OPINION Petitioner argues in his brief that he is entitled to deduct the NOL carryovers at issue. According to petitioner, those carryovers are attributable to a theft that petitioner suffered in that “in essence Paine Webber stole his money from him by supplying him with alcoholic beverages and allowed him to make unwise investments that benefitted them directly” in the form of higher commissions. We disagree with petitioner’s claim that he is entitled to deduct those NOL carryovers. Section 172 allows a taxpayer to deduct an NOL for a taxable year. The amount of the NOL deduction equals the sum of the NOL carryovers plus NOL carrybacks to that year. Sec. 172(a); see also sec. 172(c) (NOL defined) and (d)(4)(C) (special rule as to casualty or theft losses allowable under section 165(c)(2) or (3)). Absent an election to the contrary, an NOL for any taxable year must first be carried back 3 years and then carried over 15Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011