- 89 - taxable income is to be determined by taking into account the separate taxable income of each member of the group and “[a]ny consolidated net operating loss deduction”. Section 1.1502-21(a), Income Tax Regs., provides that the consolidated NOL deduction is equal to the aggregate of the consolidated NOL carryovers and carrybacks to the taxable year. In pertinent part, section 1.1502- 21(b)(1), Income Tax Regs., provides that the consolidated NOL carryovers and carrybacks to the taxable year shall consist of any consolidated NOLs of the group that may be carried back or over to the taxable year under the provisions of section 172(b). Section 1.1502-21(f), Income Tax Regs., provides rules for determining the consolidated NOL. In pertinent part, it provides that the consolidated NOL shall be determined by taking into account the separate taxable income, “as determined under �1.1502-12”, of each member of the group. Finally, section 1.1502-12, Income Tax Regs., provides that the separate taxable income of a member, “including a case in which deductions exceed gross income”, is determined, with certain modifications, as if the member were not a member of the group. The dispute between the parties concerns the calculation of that portion of the consolidated NOL of the UBC affiliated group for 1987 that is attributable to bank bad debt losses (and, thus, subject to the special carryback and carryforward rules of section 172(b)(1)(L)). For 1987, the UBC affiliated group consisted of both bank and nonbank members. The parties have no dispute over how to determine the bad debt portion of the NOL of any bank member. TheirPage: Previous 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Next
Last modified: May 25, 2011