In response to the issues left unresolved by Rev. Proc. 2009-52, on June 23, 2010, the Treasury Department issued T.D. 9490 which promulgated new temporary regulations under IRC § 1502 to provide consolidated return filers with guidance in applying the five-year extended net operating loss carryback provision of IRC § 172(b)(1)(H).
The new temporary regulations contain additional rules for implementing the extended five year NOL carryback provision within a consolidated group. Several key issues are definitively addressed in the new regulations.
See LexisNexis Tax Advisor -- Federal Topical § 1D:15.03 on LexisNexis® Tax Center for complete analysis and discussion of Net Operating Loss Carrybacks and Carryovers.