- 90 - 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 memberPage: Previous 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Next
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