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Thursday, December 20, 2012

Ninth Circuit: NOL 'Carryover' Does Not Include NOL 'Carryback'

The  Ninth Circuit yesterday affirmed the Tax Court (135 T.C. 573 (2012)) and held that an NOL carryover is not an NOL carryback for purposes of § 56(d)(1)(A)(ii)(I):

Between 2002 and 2009, § 56 of the Internal Revenue Code provided tax relief by permitting taxpayers subject to the Alternative Minimum Tax (AMT) to offset up to 100% of their taxable income with net operating losses (NOLs). To qualify for this relief, NOLs had to be (1) “carryovers to” the 2001 or 2002 tax years, or (2) “carried back from” the 2001 or 2002 years to a prior tax year. The plain meaning of the term “carryovers” prevents taxpayers from using NOLs that are carried back to 2001 or to 2002 from a later tax year to take advantage of the Relief Rule. Therefore, we affirm the Tax Court’s assessment of a deficiency, because Metro One Telecommunications may not take advantage of the Relief Rule with NOLs it carried back from the 2003 and 2004 tax years to 2002. 

Metro One Telecommunications, Inc. v. Commisioner, No. 11-70819 (9th Cir. Dec. 18, 2012). (Hat Tip: Bob Kamman.)

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