State Farm Mutual Automobile Insurance Company and Subsidiaries - Page 21




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          a separate-member, approach should be used in computing product             
          liability loss for purposes of section 172(j)(1).  In that                  
          context, the Supreme Court stated:                                          
                    Thus, it is true, as the Government has argued,                   
               that “[t]he Internal Revenue Code vests ample authority                
               in the Treasury to adopt consolidated return                           
               regulations to effect a binding resolution of the                      
               question presented in this case.” * * * To the extent                  
               that the Government has exercised that authority, its                  
               actions point to the single-entity approach as the                     
               better answer.  To the extent the Government disagrees,                
               it may amend its regulations to provide for a different                
               one.  [Id. at 838.]                                                    
               Honeywell Inc. v. Commissioner, supra at 631-633, involved             
          the Commissioner’s contention that certain depreciation                     
          regulations were not intended to cover the taxpayer’s sales of              
          leased computers to the respective lessees.  We rejected as                 
          unpersuasive the Commissioner’s reliance on caselaw “as                     
          establishing a ‘concept’ to override the express language of his            
          regulations”.  Id. at 635.  Petitioner draws the parallel that              
          respondent should not be permitted to invoke the “concept” of the           
          life-nonlife subgroup to defeat the language of the section 56(f)           
          regulations.  We agree that, notwithstanding various factual and            
          substantive distinctions, these broad principles from United                
          Dominion Indus., Inc. v. United States, supra, and Honeywell Inc.           
          v. Commissioner, supra, ring true here.                                     
               While it may be said that the loss limits of section 1503(c)           
          must be respected in calculating the AMT of a life-nonlife group,           
          it does not follow that the explicit book income adjustment rules           





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