Intermet Corporation & Subsidiaries - Page 14

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          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.                               





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