Page:United States Statutes at Large Volume 94 Part 3.djvu/756

 94 STAT. 3400

PUBLIC LAW 96-589—DEC. 24, 1980 which may be carried to any other taxable year shall be determined under section 172(b)(2), except that for each taxable year the computation under section 172(b)(2) with respect to the net operating loss shall be made before the computation under this paragraph. "(D) ADMINISTRATIVE EXPENSE DEDUCTIONS ALLOWED ONLY

TO ESTATE.—The deductions allowable under this chapter solely by reason of paragraph (1), and the deduction provided by subparagraph (A) of this paragraph, shall be allowable only to the estate. "(i) DEBTOR SUCCEEDS TO TAX ATTRIBUTES OF ESTATE.—In the case of a termination of an estate, the debtor shall succeed to and take into account the items referred to in paragraphs (1), (2), (3), (4), (5), and (6) of subsection (g) in a manner similar to that provided in such paragraphs (but taking into account that the transfer is from the estate to the debtor instead of from the debtor to the estate). In addition, the debtor shall succeed to and take into account the other tax attributes of the estate, to the extent provided in regulations prescribed by the Secretary as necessary or appropriate to carry out the purposes of this section. "(j) OTHER SPECIAL RULES.— "(1) CHANGE OF ACCOUNTING PERIOD WITHOUT APPROVAL.—

Notwithstanding section 442, the estate may change its annual accounting period one time without the approval of the Secretary. "(2) TREATMENT OF CERTAIN CARRYBACKS.— "(A) CARRYBACKS FROM ESTATE.—If any

26 USC 31. 26 USC 1399.

11 USC 101 ^^ ^^^-

carryback year of the estate is a taxable year before the estate's first taxable year, the carryback to such carryback year shall be taken into account for the debtor's taxable year corresponding to the carryback year. "(B) CARRYBACKS FROM DEBTOR'S ACTIVITIES.—The debtor may not carry back to a taxable year before the debtor's taxable year in which the case commences any carryback from a taxable year ending after the case commences. "(C) CARRYBACK AND CARRYBACK YEAR DEFINED.—For purposes of this paragraph— "(i) CARRYBACK.—The term 'carryback' means a net operating loss carryback under section 172 or a carryback of any credit provided by part IV of subchapter A. "(ii) CARRYBACK YEAR.—The term 'carryback year' means the taxable year to which a carryback is carried. "SEC. 1399. NO SEPARATE TAXABLE ENTITIES FOR PARTNERSHIPS, CORPORATIONS, ETC. "Except in any case to which section 1398 applies, no separate taxable entity shall result from the commencement of a case under title 11 of the United States Code." (2) CLERICAL AMENDMENT.—The table of subchapters for chapter 1 is amended by adding at the end thereof the following new item: "SUBCHAPTER V. Title 11 cases." (b) RETURN REQUIREMENTS.—

26 USC 6012.

(1) Subsection (a) of section 6012 (relating to persons required to make returns of income) is amended by adding at the end thereof the following new paragraph:

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