-6- (computed on a separate return basis) bore to the sum of the separate return regular taxes of all the members. An additional amount of tax was then allocated to each member that had positive taxable income. The additional amount allocated was the excess of the member's separate return tax over the tax already allocated to the member. As support for its computation of its corporate minimum tax, petitioner posits that, in the absence of specific statutory or regulatory guidance, it was reasonable for petitioner to calculate the section 56(c) deduction for "taxes imposed" by using the methodology set forth in the consolidated return regulations. Petitioner contends that its calulation of the section 56(c) regular tax deduction "simply followed the dictates" of that part of section 1.1552-1(b)(2), Income Tax Regs., which provides: The amount of tax liability allocated to a corporation as its share of the tax liability of the group * * * [under the 1502-33(d) Method] shall (i) result in a decrease in the earnings and profits of such corporation in such amount, and (ii) be treated as a liability of such corporation for such amount. * * * (Emphasis added.) As previously noted, section 1.1502-33(d), Income Tax Regs., relates to the allocation of the group’s tax in determining a member’s earnings and profits. We fail to see any meaningful relationship between the allocation required in section 1552 and the determination of the regular tax deduction for purposes of section 56. Further, petitioner quotes only a portion of section 1.1552-Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011