Intermet Corporation & Subsidiaries - Page 15

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          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 return               





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