[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.172-2]

[Page 174-175]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.172-2  Net operating loss in case of a corporation.

    (a) Modification of deductions. A net operating loss is sustained by 
a corporation in any taxable year if and to the extent that, for such 
year, there is an excess of deductions allowed by chapter 1 of the Code 
over gross income computed thereunder. In determining the excess of 
deductions over gross income for such purpose--
    (1) Items not deductible. No deduction shall be allowed under--
    (i) Section 172 for the net operating loss deduction, and
    (ii) Section 922 in respect of Western Hemisphere trade 
corporations;
    (2) Dividends received. The 85-percent limitation provided by 
section 246(b) shall not apply to the deductions otherwise allowed 
under--
    (i) Section 243(a) in respect of dividends received from domestic 
corporations.
    (ii) Section 244 in respect of dividends received on preferred stock 
of public utilities, and
    (iii) Section 245 in respect of dividends received from foreign 
corporations; and
    (3) Dividends paid. The deduction granted by section 247 in respect 
of dividends paid on the preferred stock of public utilities shall be 
computed without regard to subsection (a)(1)(B) of Section 247.

[[Page 175]]

    (b) Example. The following example illustrates the application of 
paragraph (a):

    Example For the calendar year 1981, the X corporation has a gross 
income of $400,000 and total deductions allowed by chapter 1 of the Code 
of $375,000 exclusive of any net operating loss deduction and exclusive 
of any deduction for dividends received or paid. Corporation X in 1981 
received $100,000 of dividends entitled to the benefits of section 
243(a). These dividends are included in Corporation X's $400,000 gross 
income. Corporation X has no other deductions to which section 172(d) 
applies. On the basis of these facts, Corporation X has a net operating 
loss for the year 1981 of $60,000, computed as follows:

Deductions for 1981..........................................   $375,000
Plus: Deduction for dividends received, computed without          85,000
 regard to the limitation provided in section 246(b) (85% of
 $100,000)...................................................
                                                              ----------
      Total..................................................    460,000
Less: Gross income for 1981 (including $100,000 dividends)...    400,000
                                                              ----------
      Net operating loss for 1981............................     60,000


    (c) Qualified real estate investment trusts. For taxable years 
ending after October 4, 1976, the net operating loss of a qualified real 
estate investment trust (as defined in Sec. 1.172-10(b)) is computed by 
taking into account the adjustments described in section 857(b)(2) 
(other than the deduction for dividends paid, as defined in section 
561), as well as the modifications required by paragraph (a)(1) of this 
section. Thus, for example, the special deductions for dividends 
received, etc., provided in part VIII of subchapter B (other than 
section 248), as well as the net operating loss deduction under section 
172, are not allowed in computing the net operating loss of a qualified 
real estate investment trust.

[T.D. 8107, 51 FR 43345, Dec. 2, 1986]