Treasury Regulations (26 C.F.R.)

26 CFR § 1.9000-5

Effect of filing statement.

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# (a) Years other than years affected by a net operating loss carryback.

If the taxpayer files a timely statement in accordance with the provisions of § 1.9000-3, the amount of the increase in tax shown on such statement for a taxable year shall, except as provided in paragraph (b) of this section, be considered for all purposes of the Code, as tax shown on the return for such year. In general, such increase shall be assessed and collected in the same manner as if it had been tax shown on the return as originally filed. The provisions of this paragraph may be illustrated by the following example:

Example.

A taxpayer filed his return showing a tax liability computed under the methods of accounting provided by sections 452 and 462 as $1,000 and filed the statement in accordance with § 1.9000-3 showing an increase in tax liability of $200. The tax computed as though sections 452 and 462 had not been enacted is $1,200, and the difference of $200 is the increase in the tax attributable to the repeal of sections 452 and 462. This increase is considered to be tax shown on the return for such taxable year. Additions to the tax for fraud or negligence under section 6653 will be determined by reference to $1,200 (that is, $1,000 plus $200) as the tax shown on the return.

# (b) Years affected by a net operating loss carryback.

In the case of a year which is affected by a net operating loss carryback from a year to which an election under section 452 or 462 applies, that portion of the amount of increase in tax shown on the statement for the year to which the loss is carried back which is attributable to a decrease in such net operating loss shall not be treated as tax shown on the return.

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In this part (40 sections)
  1. 1.7872-5 · Exempted loans.
  2. 1.7872-5T · Exempted loans (temporary).
  3. 1.7872-15 · Split-dollar loans.
  4. 1.7872-16 · Loans to an exchange facilitator under § 1.468B-6.
  5. 1.7874-1 · Disregard of affiliate-owned stock.
  6. 1.7874-2 · Surrogate foreign corporation.
  7. 1.7874-3 · Substantial business activities.
  8. 1.7874-4 · Disregard of certain stock related to the domestic entity…
  9. 1.7874-5 · Effect of certain transfers of stock related to the…
  10. 1.7874-6 · Stock transferred by members of the EAG.
  11. 1.7874-7 · Disregard of certain stock attributable to passive assets.
  12. 1.7874-8 · Disregard of certain stock attributable to serial…
  13. 1.7874-9 · Disregard of certain stock in third-country transactions.
  14. 1.7874-10 · Disregard of certain distributions.
  15. 1.7874-11 · Rules regarding inversion gain.
  16. 1.7874-12 · Definitions.
  17. 1.9000-1 · Statutory provisions.
  18. 1.9000-2 · Effect of repeal in general.
  19. 1.9000-3 · Requirement of statement showing increase in tax liability.
  20. 1.9000-4 · Form and content of statement.
  21. 1.9000-5 · Effect of filing statement.
  22. 1.9000-6 · Provisions for the waiver of interest.
  23. 1.9000-7 · Provisions for estimated tax.
  24. 1.9000-8 · Extension of time for making certain payments.
  25. 1.9001 · Statutory provisions; Retirement-Straight Line Adjustment Act…
  26. 1.9001-1 · Change from retirement to straight-line method of computing…
  27. 1.9001-2 · Basis adjustments for taxable years beginning on or after…
  28. 1.9001-3 · Basis adjustments for taxable years between changeover date…
  29. 1.9001-4 · Adjustments required in computing excess-profits credit.
  30. 1.9002 · Statutory provisions; Dealer Reserve Income Adjustment Act of…
  31. 1.9002-1 · Purpose, applicability, and definitions.
  32. 1.9002-2 · Election to have the provisions of section 481 of the…
  33. 1.9002-3 · Election to have the provisions of section 481 of the…
  34. 1.9002-4 · Election to pay net increase in tax in installments.
  35. 1.9002-5 · Special rules relating to interest.
  36. 1.9002-6 · Acquiring corporation.
  37. 1.9002-7 · Statute of limitations.
  38. 1.9002-8 · Manner of exercising elections.
  39. 1.9003 · Statutory provisions; section 4 of the Act of September 14,…
  40. 1.9003-1 · Election to have the provisions of section 613(c) (2) and…
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