Intermet Corporation & Subsidiaries - Page 11

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          belong.  See, e.g., Sealy Corp. v. Commissioner, 107 T.C. 177,              
          186 (1996).9  Additionally, respondent contends that, even if the           
          deductions for the taxes and interest in issue qualify as SLL's             
          under section 172(f)(1)(B), petitioner is not entitled to a                 
          carryback for those deductions because they were not taken into             
          account in computing the group's CNOL for the year as required by           
          section 172(f)(1).  Respondent asserts that the deductions in               
          issue were not taken into account in computing the group's 1992             
          CNOL because they were exhausted by Lynchburg's 1992 separate               
          income.                                                                     
               The first issue we consider is whether the deductions for              
          the taxes and interest in issue were taken into account in                  
          computing the NOL for the year as required by section 172(f)(1).            
          Lynchburg, with gross income in excess of allowable deductions,             
          had no NOL for 1992.  See sec. 172(c).  Accordingly, none of the            
          deductions in issue were taken into account in computing an NOL             
          with respect to Lynchburg.  Accordingly, we must decide whether             
          the deductions in issue were taken into account in the                      
          computation of the group's 1992 CNOL.                                       
               A review of section 172 and the consolidated return                    
          regulations reveals that a member with separate taxable income              
          cannot contribute to the group's CNOL. Although the consolidated            


          9    In light of our holding, infra, it is unnecessary for us to            
          reach this issue.                                                           




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