[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.172-1]

[Page 173-174]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.172-1  Net operating loss deduction.

    (a) Allowance of deduction. Section 172(a) allows as a deduction in 
computing taxable income for any taxable year subject to the Code the 
aggregate of the net operating loss carryovers and net operating loss 
carrybacks to such taxable year. This deduction is referred to as the 
net operating loss deduction. The net operating loss is the basis for 
the computation of the net operating loss carryovers and net operating 
loss carrybacks and ultimately for the net operating loss deduction 
itself. The net operating loss deduction shall not be disallowed for any 
taxable year merely because the taxpayer has no income from a trade or 
business for the taxable year.
    (b) Steps in computation of net operating loss deduction. The three 
steps to be taken in the ascertainment of the net operating loss 
deduction for any taxable year subject to the Code are as follows:
    (1) Compute the net operating loss for any preceding or succeeding 
taxable year from which a net operating loss may be carried over or 
carried back to such taxable year.
    (2) Compute the net operating loss carryovers to such taxable year 
from such preceding taxable years and the net operating loss carrybacks 
to such taxable year from such succeeding taxable years.
    (3) Add such net operating loss carryovers and carrybacks in order 
to determine the net operating loss deduction for such taxable year.
    (c) Statement with tax return. Every taxpayer claiming a net 
operating loss deduction for any taxable year shall file with his return 
for such year a concise statement setting forth the amount of the net 
operating loss deduction claimed and all material and pertinent facts 
relative thereto, including a detailed schedule showing the computation 
of the net operating loss deduction.

[[Page 174]]

    (d) Ascertainment of deduction dependent upon net operating loss 
carryback. If the taxpayer is entitled in computing his net operating 
loss deduction to a carryback which he is not able to ascertain at the 
time his return is due, he shall compute the net operating loss 
deduction on his return without regard to such net operating loss 
carryback. When the taxpayer ascertains the net operating loss 
carryback, he may within the applicable period of limitations file a 
claim for credit or refund of the overpayment, if any, resulting from 
the failure to compute the net operating loss deduction for the taxable 
year with the inclusion of such carryback; or he may file an application 
under the provisions of section 6411 for a tentative carryback 
adjustment.
    (e) Law applicable to computations. (1) In determining the amount of 
any net operating loss carryback or carryover to any taxable year, the 
necessary computations involving any other taxable year shall be made 
under the law applicable to such other taxable year.
    (2) The net operating loss for any taxable year shall be determined 
under the law applicable to that year without regard to the year to 
which it is to be carried and in which, in effect, it is to be deducted 
as part of the net operating loss deduction.
    (3) The amount of the net operating loss deduction which shall be 
allowed for any taxable year shall be determined under the law 
applicable to that year.
    (f) Electing small business corporations. In determining the amount 
of the net operating loss deduction of any corporation, there shall be 
disregarded the net operating loss of such corporation for any taxable 
year for which such corporation was an electing small business 
corporation under subchapter S (section 1371 and following), chapter 1 
of the Code. In applying section 172(b)(1) and (2) to a net operating 
loss sustained in a taxable year in which the corporation was not an 
electing small business corporation, a taxable year in which the 
corporation was an electing small business corporation is counted as a 
taxable year to which such net operating loss is carried back or over. 
However, the taxable income for such year as determined under section 
172(b)(2) is treated as if it were zero for purposes of computing the 
balance of the loss available to the corporation as a carryback or 
carryover to other taxable years in which the corporation is not an 
electing small business corporation. See section 1374 and the 
regulations thereunder for allowance of a deduction to shareholders for 
a net operating loss sustained by an electing small business 
corporation.
    (g) Husband and wife. The net operating loss deduction of a husband 
and wife shall be determined in accordance with this section, but 
subject also to the provisions of Sec. 1.172-7.

[T.D. 6500, 25 FR 11402, Nov. 26, 1960, as amended by T.D. 8107, 51 FR 
43345, Dec. 2, 1986]