Alumax Inc. and Consolidated Subsidiaries - Page 12

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          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).                                                            



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