111 T.C. No. 16 UNITED STATES TAX COURT INTERMET CORPORATION & SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8246-97. Filed December 8, 1998. P is the common parent of an affiliated group of corporations (the group) that included L during the period from 1984 to 1993. Pursuant to sec. 172(b)(1)(C), I.R.C., P seeks to carry back, to 1984, certain expenses incurred by L during 1992. For 1992 the group had a consolidated net operating loss as defined in sec. 1.1502-21A(f), Income Tax Regs., and L had separate taxable income as defined in sec. 1.1502- 12, Income Tax Regs. Held: The expenses in issue do not qualify for the 10-year carryback provided in sec. 172(b)(1)(C), I.R.C., because the expenses do not qualify as specified liability losses (SLL's) within the meaning of sec. 172(f), I.R.C. The expenses do not qualify as SLL's within the meaning of sec. 172(f), I.R.C., because they were not taken into account in computing the net operating loss for the year as required by sec. 172(f)(1), I.R.C. Secs. 1.1502-21A(f), 1.1502-12, Income Tax Regs.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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