i'll try to simplify this. 2009 nol was being carried to 2010 of $500,000. 2010 loss before nol of $1,000,000. client audited for 2008 and owes $3,000,000. Using form 1138 i can extend the assessment period of the irs due to an expected carryback. Now the issue is:
what is my carryback? I know the $1,000,000 can be carried back but what about the $500,000 from 2009 which was previously elected to be carried to 2010. can that now be included in the carryback to 2008?