Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 90

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          dispute concerns the determination of the bank bad debt portion of          
          the consolidated NOL.  We agree with respondent’s determination.            
               B.   Facts                                                             
               All of the facts relevant to this issue have been stipulated.          
          In abbreviated form, those facts are as follows:                            
               By Form 1139, Corporation Application for Tentative Refund (the        
          Form 1139), dated November 18, 1988, UBC claimed tentative refunds          
          for the taxable years 1977, 1978, 1979, 1981, 1984, and 1985 based          
          on the carryback of a NOL from the UBC affiliated group's 1987              
          taxable year (the 1987 consolidated NOL).                                   
               UBC carried a portion of the consolidated 1987 NOL back to the         
          UBC affiliated group's taxable years 1977, 1978, and 1981.                  
               On the Form 1139, UBC calculated the portion of the                    
          consolidated 1987 NOL subject to the 10-year carryback provided for         
          by section 172(b)(1)(L) (the bad debt portion) by (1) determining           
          the bad debt and nonbad debt portions of each loss bank member's            
          NOL, (2) allocating the consolidated 1987 NOL among the loss                
          members and, in the case of loss bank members, between the bad debt         
          and nonbad debt portions of their NOLs, and (3) aggregating the             
          portions of the consolidated 1987 NOL allocated to the bad debt             
          portions of the loss bank members' NOLs.                                    
               On the Form 1139, UBC determined the bad debt portion of each          
          loss bank member's NOL by taking the excess of its NOL over its NOL         
          less its bad debt deduction (i.e., an amount equal to the lesser of         
          the bank's NOL or bad debt deduction).  Thus, for example, in the           
          case of United Bank of Aurora-South (Aurora-South), a bank member           




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