- 2 - Eric R. Fox, Dirk J.J. Suringa, Hamish P.M. Hume, and Clifton B. Cates, for petitioner. Wilton A. Baker, Alfred C. Bishop, Jr., Steven J. Hankin, and Teri A. Culberton, for respondent. SUPPLEMENTAL OPINION WELLS, Chief Judge: This case is before the Court on remand from the Court of Appeals for the Sixth Circuit in Intermet Corp. & Subs. v. Commissioner, 209 F.3d 901 (6th Cir. 2000), revg. and remanding 111 T.C. 294 (1998). In Intermet Corp. & Subs. v. Commissioner, supra, the Court of Appeals held that Intermet Corporation and its subsidiaries (hereinafter petitioner) is eligible to carry back for 10 years pursuant to section 172(b)(1)(C), certain expenses, i.e., State tax liabilities and interest on Federal and State tax liabilities, provided that those expenses qualify as “specified liability losses” within the meaning of section 172(f)(1)(B). The issue presented on this remand for further proceedings consistent with the Court of Appeals’ opinion is whether the expenses so qualify as specified liability losses. Unless otherwise indicated, section references are to sections of the Internal Revenue Code, as amended, and Rule references are to the Tax Court Rules of Practice and Procedure. Background This case was submitted to the Court on the basis of fullyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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