Intermet Corporation & Subsidiaries - Page 6




                                        - 6 -                                         
                         (A) Any amount allowable as a deduction                      
                    under section 162 or 165 which is attributable                    
                    to--                                                              
                              (i) product liability, or                               
                              (ii) expenses incurred in the                           
                         investigation or settlement of, or                           
                         opposition to, claims against the                            
                         taxpayer on account of product liability.                    
                         (B) Any amount (not described in                             
                    subparagraph (A)) allowable as a deduction                        
                    under this chapter with respect to a liability                    
                    which arises under a Federal or State law or                      
                    out of any tort of the taxpayer if–-                              
                              (i) in the case of a liability                          
               arising out of a Federal or State                                      
               law, the act (or failure to act)                                       
               giving rise to such liability                                          
               occurs at least 3 years before the                                     
                         beginning of the taxable year, or                            
                              (ii) in the case of a liability                         
                         arising out of a tort, such liability                        
                         arises out of a series of actions (or                        
                         failures to act) over an extended period                     
                         of time a substantial portion of which                       
                         occurs at least 3 years before the                           
                         beginning of the taxable year.                               
                    A liability shall not be taken into account under                 
                    subparagraph (B) unless the taxpayer used an                      
                    accrual method of accounting throughout the period                
                    or periods during which the acts or failures to                   
                    act giving rise to such liability occurred.                       
                    (2) Limitation.--The amount of the specified                      
               liability loss for any taxable year shall not exceed                   
               the amount of the net operating loss for such taxable                  
               year.                                                                  
               In sum, a taxpayer is entitled to the 10-year carryback for            
          specified liability losses under section 172(f)(1)(B) if:  (1)              
          The specified liability loss is taken into account in computing             





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011