Intermet Corporation & Subsidiaries - Page 9




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          within 3 years of January 1, 1992, does not satisfy the                     
          definition of a specified liability loss.                                   
               In Sealy Corp. v. Commissioner, supra, the taxpayer incurred           
          certain costs during the period 1989 through 1992 including:                
          (1) $1,808,309 paid to an accounting firm to comply with                    
          reporting, filing, and disclosure requirements imposed by the               
          Securities and Exchange Act of 1934, ch. 404, 48 Stat. 881,                 
          currently codified at 15 U.S.C. secs. 77-78 (1994); (2) $100,650            
          paid to an accounting firm to examine and prepare financial                 
          statements regarding its employee benefit plans as required under           
          the Employee Retirement Income Security Act of 1974 (ERISA), Pub.           
          L. 93-406, 88 Stat. 829; and (3) $567,974 paid for accounting and           
          legal services relating to an IRS audit of its 1987 tax return.             
          The taxpayer considered the costs to be specified liability                 
          losses and filed an amended tax return for 1985 on which it                 
          claimed the costs as a loss carryback pursuant to section                   
          172(b)(1)(C).  The Commissioner issued a notice of deficiency to            
          the taxpayer disallowing the loss carryback.                                
               In Sealy, we sustained the Commissioner’s determination that           
          the disputed costs did not constitute specified liability losses            
          within the meaning of section 172(f)(1)(B) because the disputed             
          costs were not incurred “with respect to a liability which arises           
          under a Federal or State law” as expressly mandated by section              








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