14 losses may be carried back to each of the taxable years during the period beginning with the taxable year in which the plant was placed in service. No loss, however, may be carried back to a taxable year beginning before January 1, 1984, unless it may be carried back without regard to these rules. The provisions of the bill apply generally to expenses incurred (without regard to the economic performance requirement) after the date of enactment. * * * * * * * Conference Agreement The Conference Agreement generally follows the House bill, with modifications. * * * * * * * H. Conf. Rept. 98-861, at 871-873 (1984), 1984-3 C.B. (Vol. 2) 1, 125-127. The conference report states that the 10-year carryback of specified liability losses applies to "net operating losses attributable to certain liabilities deferred under these provisions." "These” provisions are the limits on premature accruals; i.e., the economic performance rules of section 461(h). This suggests that Congress intended the 10-year carryback to apply only to liabilities for which deduction is deferred by the economic performance rules. Petitioners' accrual of the deduction for the expenses at issue was not deferred by the economic performance rules. Since the economic performance rules do not limit petitioners' accrual of the deduction for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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