@dtatham10- Not sure if this is what you're referring to, but I just had this question come up. In this situation you're allowed to take the full DRD as opposed to using the taxable income limitation. Sorry if the formatting is a little messed up.
During 2016, Sea Corporation reported gross income from operations of $100,000 and operating expenses of $150,000. Sea Corporation also received dividend income of $90,000 from a domestic corporation in which Sea is a 20% shareholder. What is the amount of Sea Corporation’s net operating loss?
A. $40,000
B. $23,000
C. $0
D. $32,000
Answer (D) is correct.
Sec. 172(c) defines a net operating loss as the excess of deductions over gross income, with certain modifications. One modification is that the dividends-received deduction is computed without regard to the 80% of taxable income limitation (i.e., $40,000 × 80% = $32,000 deduction limit) in Sec. 246(b); therefore, the deduction is the full amount of $72,000. Thus, Sea’s NOL is $32,000 as computed below.
Gross income from operations
$100,000
Dividend income
90,000
Less: Operating expenses
(150,000)
Gross income
$ 40,000
Less: Dividends-received deduction
(80% × $90,000)
(72,000)
Net operating loss
$ (32,000)
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