Ezel / IRS Rulings / 201244018

CCA 201244018: Late and incomplete Form 1045 filings do not support NOL carryback relief

Number
201244018
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Contents of Applications
Topics
Procedure, penalties, and administration
Code sections
§ 6411, § 6110
Publicly released
November 2, 2012
Source
View Official PDF

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2012, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2012
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel advised that a taxpayer was not entitled to relief on a claim to carry back a net operating loss. The Form 1045 deadline had passed, and the taxpayer's earlier filings each contained a material omission under IRC § 6411(b). The complete submission was filed too late.

Ruling snapshot

  • Question: Could the taxpayer obtain relief on a late and previously incomplete Form 1045 NOL carryback claim?
  • Outcome: Advice given
  • Key authorities: IRC § 6411(b) and § 6110

Full text (IRS public release)

ID: CCA_2012083009525222 Number: 201244018
Release Date: 11/2/2012
Office: ------------
UILC: 6411.04-00, 6411.05-00

From: ---------------------
Sent: Thursday, August 30, 2012 9:52:57 AM
To: --------------------------------------------
Cc: --------------------------------------

Subject: Advice on the NOL carryback case

-----Taxpayer: ----------------------------
Thanks very much for your patience. I, and the tentative refund claim and NOL experts in Counsel, have thoroughly reviewed the facts in this case. Unfortunately, we have concluded that the taxpayer is not entitled to relief. The due date for filing a Form 1045 to claim a carryback of the ------ loss to tax years ----
---------------was ------------------------. Although the taxpayer attempted to file Form 1045 on a number of occasions prior to ------------------------, each of those filings contained a material omission within the meaning of IRC section 6411(b). The claim filed on or about ------------------------, and received by the IRS on --------------------------was a complete submission, but unfortunately it was filed too late. Again, I appreciate your patience while we reviewed this case. Please let me know if you have any questions. I am copying -------------------------------------, as ------------had asked ----------to look into this case.

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