Sec. 1.172-8 Net operating loss carryovers for regulated transportation corporations.
(a) In general.
A net operating loss sustained in a taxable year ending before January 1, 1976, shall be a carryover to the 7 succeeding taxable years if the taxpayer is a regulated transportation corporation (as defined in paragraph (b) of this section) for the loss year and for the 6th and 7th succeeding taxable years. If, however, the taxpayer is a regulated transportation corporation for the loss year and for the 6th succeeding taxable year, but not for the 7th succeeding taxable year, then the loss shall be a carryover to the 6 succeeding taxable years. If the taxpayer is not a regulated transportation corporation for the 6th succeeding taxable year then this section shall not apply. A net operating loss sustained in a taxable year ending after December 31, 1975, shall be a carryover to the 15 succeeding taxable years.
(b) Regulated transportation corporations.
A corporation is a "regulated transportation corporation" for a taxable year if it is included within one or more of the following categories:
(1) Eighty percent or more of the corporation's gross income (computed without regard to dividends and capital gains and losses) for such taxable year is income from transportation sources described in paragraph (c) of this section.
(2) The corporation is a railroad corporation, subject to Part I of the Interstate Commerce Act, which is either a lessor railroad corporation described in section 7701(a)(33)(G) or a common parent railroad corporation described in section 7701(a)(33)(H).
(3) The corporation is a member of a regulated transportation system for the taxable year. For purposes of this section, a member of a regulated transportation system for a taxable year means a member of an affiliated group of corporations making a consolidated return for such year, if 80 percent or more of the sum of the gross incomes of the members of the affiliated group for such year (computed without regard to dividends, capital gains and losses, or eliminations for intercompany transactions) is derived from transportation sources described in paragraph (c) of this section. For purposes of this subparagraph, income derived by a corporation described in subparagraph (2) of this paragraph from leases described in section 7701(a)(33)(G) shall be considered as income from transportation sources described in paragraph (c) of this section.
(c) Transportation sources.
For purposes of this section, income from "transportation sources" means income received directly in consideration for transportation services, and income from the furnishing or sale of essential facilities, products, and other services which are directly necessary and incidental to the furnishing of transportation services. For purposes of the preceding sentence, the term "transportation services" means:
(1) Transportation by railroad as a common carrier subject to the jurisdiction of the Interstate Commerce Commission;
(i) Transportation, which is not included in subparagraph (1) of this paragraph:
(a) On an intrastate, suburban, municipal, or interurban electric railroad,
(b) On an intrastate, municipal, or suburban trackless trolley system,
(c) On a municipal or suburban bus system, or
(d) By motor vehicle not otherwise included in this subparagraph,
if the rates for the furnishing or sale of such transportation are established or approved by a regulatory body described in section 7701(a)(33)(A);
(ii) In the case of a corporation which establishes to the satisfaction of the district director that:
(a) Its revenue from regulated rates from transportation services described in subdivision (i) of this subparagraph and its revenue derived from unregulated rates are derived from its operation of a single interconnected and coordinated system or from the operation of more than one such system, and
(b) The unregulated rates have been and are substantially as favorable to users and consumers as are the regulated rates,
transportation, which is not included in subparagraph (1) of this paragraph, from which such revenue from unregulated rates is derived.
(3) Transportation by air as a common carrier subject to the jurisdiction of the Civil Aeronautics Board; and
(4) Transportation by water by common carrier subject to the jurisdiction of either the Interstate Commerce Commission under Part III of the Interstate Commerce Act (54 Stat. 929), or the Federal Maritime Board under the Intercoastal Shipping Act, 1933 (52 Stat. 965).
(d) Corporate acquisitions.
This section shall apply to a carryover of a net operating loss sustained by a regulated transportation corporation (as defined in paragraph (b) of this section) to which an acquiring corporation succeeds under section 381(a) only if the acquiring corporation is a regulated transportation corporation (as defined in paragraph (b) of this section):
(1) For the sixth succeeding taxable year in the case of a carryover to the sixth succeeding taxable year, and
(2) For the sixth and seventh succeeding taxable years in the case of a carryover to the seventh succeeding taxable year.
[T.D. 6862, 30 FR 14430, Nov. 18, 1965, as amended by T.D. 8107, 51 FR 43346, Dec. 2, 1986.]
