- 101 - such a return does not alter the agency relationship established under section 1.1502-77(c), Income Tax Regs. See Intervest Enterprises, Inc. v. Commissioner, 59 T.C. 91, 96-97 (1972). We reject petitioners' argument that section 1.1502- 77(c)(2), Income Tax Regs., is invalid. We do not find that regulation to be arbitrary, capricious, or manifestly contrary to the broad grant of authority to the Secretary under section 1502. Consequently, we find that, pursuant to that regulation, the Forms 872 executed by Amax and Cyprus Amax, respectively, ex- tended the respective periods of limitations for 1984, 1985, and 1986 for the assessment of tax due from petitioners' group.38 Accordingly, we find that those respective periods of limitations have not expired. Our finding that the Forms 872 in question extended the respective periods of limitations for 1984, 1985, and 1986 for 38 Petitioners also claim that "each Form [872] was invalid on its face, because the Service did not attach a rider, as required by Rev. Proc. 72-38, 1972-2 C.B. 813, 814, as modified by Rev. Proc. 82-6, 1982-1 C.B. 409, listing the name, address, and taxpayer identification number of each member of Petitioner's Group." We disagree. The revenue procedures on which petition- ers rely are applicable to a situation where a parent corporation and its subsidiary corporations file separate returns, and not to a situation such as that presented here where a parent corpora- tion and its subsidiary corporations join in the filing of a consolidated return. In any event, even if those revenue proce- dures were applicable in the present case, they are directory, and not mandatory. Accordingly, any failure by the IRS to follow the procedures set forth therein by attaching a "rider" to the Forms 872 in question would not affect the validity of those forms. See Cleveland Trust Co. v. United States, 421 F.2d 475, 481-482 (6th Cir. 1970); Luhring v. Glotzbach, 304 F.2d 560, 563 (4th Cir. 1962).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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