- 100 - Based on our examination of section 1502, its legislative history, and section 1.1502-77(c)(2), Income Tax Regs., we find that section 1.1502-77(c)(2), Income Tax Regs., is necessary in order to avoid an undue administrative burden on the Commissioner and protect the interests of the Government. If, as petitioners urge, the Court were to hold section 1.1502-77(c)(2), Income Tax Regs., to be invalid insofar as it applies to a corporation which joined in the filing of a consolidated return but which is subsequently determined to be required to file a separate return, we would be insisting upon an administratively burdensome, impractical, and unfair rule that is not manifestly required by section 1502. Such a rule would require the IRS to obtain one or more separate agreements extending the period of limitations from each and every corporation that joins in the filing of a consoli- dated return. We believe that the imposition of such an adminis- trative burden on the IRS would be contrary to the legislative history of section 141(b) of the 1928 Act, the predecessor of section 1502, which directed the Commissioner to promulgate regulations to address "difficult and complicated problems" relating to the administration of the consolidated return provi- sions. See S. Rept. 960, supra, 1939-1 C.B. (Part 2) at 419. We conclude that a determination that a corporation which joined in the filing of a consolidated return was improperly included in 37 (...continued) Tax Regs., under the Code of 1986.Page: Previous 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Next
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