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