- 15 - separate taxable income, computed under section 1.1502-12, Income Tax Regs., are not taken into account in the computation of the consolidated group's CNOL as required by section 172(f)(1). Lynchburg had separate taxable income after taking into account its allowable deductions, including the deductions for the taxes and interest in issue. Accordingly, we conclude that the deductions for the taxes and interest in issue do not qualify as SLL's, within the meaning of section 172(f), because they were not taken into account in the computation of the group's CNOL as required by section 172(f)(1). Petitioner contends that the consolidated return regulations require a unified computation of the group's NOL at the consolidated level. Accordingly, petitioner contends, the sum of the deductions attributable to SLL's of all the members of the group are used to calculate the group's CNOL regardless of whether any particular member has positive or negative separate taxable income. The sum of such deductions, petitioner argues, limits the amount of the group's CNOL that may be carried back 10 years. In essence, petitioner argues that SLL's should be considered solely on a consolidated basis. Congress delegated broad authority to the Commissioner to establish regulations for filing consolidated returns. Sec. 1502. In order to qualify for treatment as a consolidated group, all members must agree to be bound by the consolidated returnPage: 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