Intermet Corporation & Subsidiaries - Page 8




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          taxes and interest on Federal and State taxes constitute                    
          specified liability losses within the meaning of section                    
          172(f)(1)(B) because:  (1) The liabilities arose out of State and           
          Federal law; (2) the acts (or failures to act) giving rise to the           
          liabilities occurred during the years 1986, 1987, and 1988--more            
          than 3 years before 1992; and (3) all its members used the                  
          accrual method of accounting throughout the period during which             
          the acts or failures to act giving rise to the liabilities                  
          occurred.                                                                   
               Respondent maintains that the disputed taxes and interest do           
          not constitute specified liability losses on the ground that                
          section 172(f)(1)(B) was intended only to apply to a "narrow                
          class of liabilities", such as tort and product liability                   
          expenses, to which the taxes and interest in question do not                
          belong.  Respondent further contends that, assuming arguendo that           
          the disputed Federal and State interest payments constitute                 
          specified liability losses in the first instance, a portion of              
          those interest payments do not qualify for carryback under                  
          section 172(f)(1)(B)(i) because they were not incurred at least 3           
          years prior to the beginning of the taxable year 1992.                      
          Specifically, respondent contends that all interest that accrued            



               4(...continued)                                                        
          sec. 172(b)(1)(C), specified liability losses may not be carried            
          back to any taxable year beginning before Jan. 1, 1984.  OBRA               
          1990 sec. 11811(b)(2)(B), 104 Stat. 1388-533.                               





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