- 35 - Generally, the Commissioner’s determinations are presumed correct, and the taxpayer bears the burden of proving otherwise. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). Some of petitioners’ contentions are addressed above in the discussion of fraud and do not bear repeating here, except that we conclude that petitioners have failed to prove respondent’s adjustments are not correct. Accordingly, we uphold respondent’s determination with respect to those adjustments; i.e., the Schedule C adjustments, the payments to petitioners’ children, and the travel adjustments. The remaining contested items are addressed below. In the notice of deficiency, respondent disallowed a net operating loss deduction for petitioners’ taxable years 1991 and 1992. Section 172(a) allows a “net operating loss deduction” for the aggregate of net operating loss carrybacks and carryovers to the taxable year. The term “net operating loss” (NOL) is defined in section 172(c) to mean the excess of deductions allowed by chapter one over gross income. Section 172(b)(1)(A) generally provides that the period for an NOL carryback is 3 years and that the period for an NOL carryover is 15 years. However, a taxpayer may elect to relinquish the carryback period with respect to an NOL for any taxable year, thereby using the loss to offset income only in future years. Sec. 172(b)(3).Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NextLast modified: March 27, 2008