The Second Circuit has affirmed a district court decision holding that the special 10-year statute of limitations (SOL) period applies only to foreign tax credits and not for foreign tax deductions.
The taxpayer, Trusted Media Brands, had a net operating loss in the 2002 tax year and therefore no US tax liability to claim a foreign tax credit (FTC). In 2011, the taxpayer filed an amended 2002 return changing its election from a credit to a deduction for foreign taxes paid. This in…