CCA 1244018: Late and incomplete Form 1045 filings do not support NOL carryback relief

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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