- 36 - Respondent does not dispute that petitioners elected to relinquish the carryback periods for 1990 and 1991 and apply the NOLs against income for 1991 and 1992. Respondent, however, argues that petitioners have failed to show that they incurred any NOL in either 1990 or 1991. Deductions are a matter of legislative grace, and petitioners must prove they are entitled to the deductions. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Petitioners were audited for the taxable years 1987, 1988, and 1989, and later resolved their Tax Court cases6 for those years by agreeing to deficiencies in income tax and related additions to tax for all 3 years. Additionally, the settlement establishes that petitioners did not incur any NOLs in any of those years, and that no NOL carryover deduction from any pre- 1987 taxable year existed to be carried forward. Thus, petitioners’ entitlement to any NOL carryover deduction for taxable years 1991 and 1992 depends solely on whether they have substantiated both the existence and amount of any NOL for 1990 or 1991. Petitioners argue that their 1990 return shows an NOL of $19,008, and that, by not examining petitioners’ 1990 taxable year, respondent has conceded the NOL and cannot disallow it now. Petitioners’ argument is without merit. Respondent’s failure to 6Docket Nos. 10472-91 and 1615-92.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NextLast modified: March 27, 2008