- 10 - short-year, and that the entire CNOL is attributable to Acme in accordance with section 1.1502-79(a)(3), Income Tax Regs.4 Several consequences arise from the Service's determination. The first consequence is that no portion of the $13,180,810 CNOL sustained by Acme for its 1986 short taxable year is allowable as a carryback to Acme's (i.e., the group's) 1985 taxable year. Secondly, the entire $13,180,810 CNOL is allowable as a carryback to Acme's (i.e., the group's) 1984 taxable year. The final consequence is that there are no excess investment tax credits and/or credits for increasing research activity arising during Acme's (i.e., the group's) 1984 taxable year that can be carried back to Acme's (i.e., the group's) 1981 taxable year. Computation of Petitioner's Deficiency for 1981 and 1984 Respondent treated the tentative refunds paid to Acme as rebates to petitioner and the group in the computation of the group's deficiencies for 1981 and 1984. The parties stipulated that if the tentative refunds constitute "rebates" to petitioner and the group, then, without taking into account certain unapplied payments made by petitioner,5 petitioner and the group are liable for deficiencies for 1981 and 1984 in the amounts of $1,709,109 and $2,090,177, 4 Acme has agreed to extend the statutory period for assessment applicable to it and its consolidated subsidiary's 27- week short taxable year ended Dec. 28, 1986. 5 Unapplied payments were made by petitioner on Aug. 31, 1992, in the amounts of $616,285.76, $2,509.14, and $3,925,935.52 for taxable years 1980, 1982, and 1983, respectively.Page: 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