Dora Margaret Benson - Page 13




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         of that activity.  See sec. 162; Rule 142(a); INDOPCO Inc. v.                
         Commissioner, 503 U.S. at 84; Welch v. Helvering, 290 U.S. at                
         115.                                                                         
         IV.  The Loss Carryforward                                                   
              Petitioner’s 2002 Federal income tax return reflects a loss             
         carryforward of $16,192 from prior years.  The Schedule C                    
         activities from those prior years giving rise to the loss are the            
         same ones at issue in this case.  Respondent denied petitioner’s             
         claimed loss deduction on the basis of sections 183 and 162.                 
              At the outset, we note that section 172 permits taxpayers to            
         carry net operating losses (NOLs) from one taxable year to                   
         another, but generally requires that taxpayers first carry such              
         losses back 2 years.  Sec. 172(b)(1)(A) and (2).  Taxpayers may              
         elect only to carry forward their NOLs, but the statute requires             
         an express and irrevocable election.  Sec. 172(b)(3).  Petitioner            
         did not provide the Court with any information as to whether                 
         such an election had been made.                                              
              Further, as we find that petitioner’s activities were not               
         engaged in with the requisite profit objective to meet the                   
         standard set out in section 183, and as petitioner has failed to             
         demonstrate that any expenses incurred were reasonable and                   
         necessary to carrying on an active trade or business pursuant to             
         section 162, we hold for respondent on this issue.                           








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