- 11 - to comply with all pertinent state and federal laws and thereby gave rise to the liabilities incurred in complying with these laws. According to this logic, every corporation would have a specified liability carryback for all costs the corporation incurred to comply with relevant laws. Congress did not create such a windfall. [Sealy Corp. v. Commissioner, 171 F.3d at 657-658.] In Host Marriott Corp. v. United States, 113 F. Supp. 2d 790 (D. Md. 2000), affd. without published opinion ___ F.3d ___ (4th Cir. 2001), the question whether interest payments on Federal income tax deficiencies constitute specified liability losses within the meaning of section 172(f)(1) was resolved in favor of the taxpayer, who reported a CNOL for 1991. In part, the CNOL consisted of approximately $46 million representing interest paid on tax deficiencies for the taxable years 1977, 1978, and 1979, and approximately $7 million in payments made on workers’ compensation claims for injuries sustained before 1988. The taxpayer argued that both categories of payments constituted specified liability losses that qualified for carryback to the taxable years 1984 and 1985. In holding for the taxpayer, the District Court cited the plain language of section 172(f)(1)(B), stating: The statutory language clearly poses two restrictions upon application of the deduction in this case. First, the claimed deduction must be a liability that arises out of Federal or state law. Both of Plaintiff’s losses meet this requirement. The liability for federal income tax deficiency interest arises out of 26 U.S.C. �6601(a) under a rate established by �6621. The liability for workers’ compensation payments arises out of various state laws. Second, the claims must arisePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011