Page:United States Statutes at Large Volume 68A.djvu/834

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INTERNAL REVENUE CODE OF 1954

Subchapter B—Rules of Special Application Sec. 6411. Sec. 6412. • Sec. 6413. Sec. 6414. Sec. 6415. Sec. 6416. Sec. 6417. Sec. 6418. Sec. 6419. Sec. 6420.

Tentative carryback adjustments. Floor stocks refunds. Special rules applicable to certain employment taxes. Income tax withheld. Credits or refunds to persons who collected certain taxes. Certain taxes on sales and services. Coconut and palm oil. Sugar. Excise tax on wagering. Cross references.

SEC. 6411. TENTATIVE CARRYBACK ADJUSTMENTS. (a) APPLICATION FOR ADJUSTMENT.—A taxpayer

may file an application for a tentative carryback adjustment of the tax for the prior taxable year affected by a net operating loss carryback, provided in section 172(b), from any taxable year. The application shall be verified in the manner prescribed by section 6065 in the case of a return of such taxpayer, and shall be filed, on or after the date of filing of the return for the taxable year of the net operating loss from which the carryback results and within a period of 12 months from the end of such taxable year, in the manner and form required by regulations prescribed by the Secretary or his delegate. The application shall set forth in such detail and with such supporting data and explanation as such regulations shall require— (1) The amount of the net operating loss; (2) The amount of the tax previously determined for the prior taxable year affected by such carryback, the tax previously determined being ascertained in accordance with the method prescribed in section 1314(a); (3) The amount of decrease in such tax, attributable to such carryback, such decrease being determined by applying the carryback in the manner provided by law to the items on the basis of which such tax was determined; (4) The unpaid amount of such tax, not including any amount required to be shown under paragraph (5); (5) The amount, with respect to the tax for the taxable year immediately preceding the taxable year of such loss, as to which an extension of time for payment under section 6164 is in effect; and (6) Such other information for purposes of carrying out the provisions of this section as may be required by such regulations. An application under this subsection shall not constitute a claim for credit or refund. (b) ALLOWANCE OF ADJUSTMENTS.—Within a period of 90 days from the date on which an application for a tentative carryback adjustment is filed under subsection (a), or from the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for filing the return for the taxable year of the net operating loss from which such carryback § 6411

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