Alumax Inc. and Consolidated Subsidiaries - Page 3

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                                       OPINION2                                       
               CHIECHI, Judge:  Respondent determined the following defi-             
          ciencies in petitioners' Federal income tax:                                

                         Taxable Year Ended     Deficiency                            
                           Dec. 31, 1981        $5,663,086                            
                           Dec. 31, 1983        11,454,565                            
                           Dec. 31, 1984        40,433,142                            
                           Dec. 31, 1985        48,511,681                            
                           Nov. 24, 19861       23,175,558                            

          1  We shall refer to the taxable year ended Nov. 24, 1986, as               
          1986.                                                                       
               The principal issues for decision are:3                                
               (1) Were petitioners members of the affiliated group within            
          the meaning of section 1504(a) that had Amax Inc. (Amax) as its             
          common parent, which filed a consolidated Federal income tax                
          return (consolidated return) for each of the years 1984, 1985,              
          and 1986 that included petitioners?4  We hold that they were not            


          2  Unless otherwise indicated, our Opinion pertains to the years            
          1984, 1985, and 1986 (period at issue).                                     
          3  Correlative issues also remain as to whether petitioners are             
          entitled for 1981 and 1983 to general business credits that they            
          carried back (1) from 1984 to 1981 and (2) from 1985 and 1986 to            
          1983.  Respondent claims, and petitioners do not dispute, that              
          resolution of those correlative issues is governed by the Court's           
          holdings on the principal issues presented.                                 
          4  We shall sometimes refer (1) to the corporations that are                
          petitioners in this case and that were included in the consoli-             
          dated returns filed by Amax as the common parent of an affiliated           
          group for the years 1984, 1985, and 1986 as petitioners' group              
          and (2) to Amax and its subsidiaries, excluding petitioners'                
          group, that were included in those consolidated returns as the              
          Amax group.                                                                 




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