Frank H. and Marla C. Black - Page 35




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          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).            








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