SECTION 7. PROCEDURES

.01 What to File . A taxpayer described in section 4 or 5 of this revenue procedure that wants to use the 5-year carryback period must file the appropriate form(s) using a 5-year carryback period. A taxpayer described in section 6 of this revenue procedure that wants to relinquish the 5-year carryback period (and thus retain its ability to use the 2-year carryback period) must file the appropriate form(s) using a 2-year carryback period, even if no refund or change in tax liability is shown on the form(s). The appropriate form(s) are:

(1) for corporations, a Form 1139, Corporation Application for Tentative Refund, or Form 1120X, Amended U.S. Corporation Income Tax Return ;

(2) for individuals, a Form 1045, Application for Tentative Refund, or Form

1040X, Amended U.S. Individual Income Tax Return ; and

(3) for estates or trusts, a Form 1045, or amended Form 1041, U.S. Income Tax Return for Estates and Trusts .

.02 Labels . Taxpayers described in section 4.01 of this revenue procedure should type or print across the top of the appropriate form “Revocation of NOL carryback waiver pursuant to Rev. Proc. 2002–40.” Taxpayers described in section 5.01 of this revenue procedure should type or print across the top of the appropriate form “Amended refund claim pursuant to Rev. Proc. 2002–40.”

.03 When to File . Any form filed pursuant to this revenue procedure must be filed on or before October 31, 2002.