16 We conclude that petitioners' compliance costs and other accounting expenses were not liabilities that arose under Federal or State law. C. Whether the Act or Failure To Act Which Gave Rise to the Liability Occurred at Least 3 Years Before the Taxable Years at Issue To be a specified liability loss under section 172(f)(1)(B), the act giving rise to the liability under a Federal or State law must have occurred at least 3 years before the start of the taxable year. Sec. 172(f)(1)(B)(i). Petitioners’ contention that they meet this requirement follows from their contention that their liability to pay those costs arose under Federal law to which they were made subject more than 3 years before the years at issue. We disagree for the reasons stated above at par. B. Petitioners make no other argument that the liability at issue arose more than 3 years before the years at issue. Thus, we conclude that petitioners do not meet this requirement. D. Conclusion We hold that petitioners’ professional fees and IRS examination expenses are not specified liability losses under section 172(f)(1)(B), and thus are not eligible for the 10-year carryback under section 172(b)(1)(C). To reflect the foregoing and concessions, Orders will be issued denying petitioners' motions for partial summary judgment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011