- 14 - forward to offset income in other years, sec. 172(a) and (b). No provision, however, allows the same deduction to be used against income of both current and noncurrent years. Simply put, once a deduction is absorbed by income from the current year, it is no longer available as an NOL to be carried backward or forward. Under the consolidated return regulations, SLL's are netted, in the first instance, against the current income of the individual member and then against the income of the group. Secs. 1.1502- 21A, 1.1502-12, Income Tax Regs. If the SLL's are totally absorbed by the current income items of the member in the computation of its separate taxable income under section 1.1502- 12, Income Tax Regs., as in the instant case, those deductions are exhausted and cannot be used again by the group, as SLL's, against income in carryback years.10 In effect, a member that has separate taxable income within the meaning of section 1.1502- 12, Income Tax Regs., has no SLL to be carried back because the SLL expenses have been used to offset the member's income currently. Consequently, the SLL expenditures of a member with 10 A consolidated group with a CNOL would, however, be eligible to carry back the SLL deductions of a member that has separate loss, within the meaning of sec. 1.1502-12, Income Tax Regs. In that case, the SLL deductions would be absorbed neither by the individual member's gross income, in the computation of separate taxable income (or loss) under sec. 1.1502-12, Income Tax Regs., nor by the separate taxable incomes of the other members in the aggregation of the member's separate taxable incomes and losses under sec. 1.1502-21A(f)(1), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011