- 104 - dated Subs". We do not construe those forms to include only those subsidiaries of Amax that were in fact members of the affiliated group within the meaning of section 1504(a) that had Amax as its common parent. Based on our examination of the entire record in this case, we find that the reference to "con- solidated subsidiaries" in the Forms 872 in question is to each of the subsidiaries of Amax that joined in the consolidated return that Amax filed for 1984, 1985, and 1986, regardless whether each of those corporations was in fact a member of that affiliated group. Petitioners, which have the burden of proof, have not established to the contrary. Petitioners were specifically identified and listed in the Form 851 (Affiliations Schedule) that listed the corporations that were included in the 1984 consolidated return.40 Alumax, on behalf of petitioners' group, executed a docu- mented dated August 12, 1985, that was entitled "ELECTION TO BE A MEMBER AS OF JANUARY 1, 1984" and that was signed by John A. Brader as vice president of Alumax. That election document provided: Based on an Agreement dated January 30, 1984[41] by and among Alumax Inc., AMAX Inc., Mitsui and Co., Ltd. and Mitsui and Co. (U.S.A.) Inc. as amended that gives AMAX Inc. 80% of the voting power of all classes of Alumax stock entitled to vote, Alumax and each of its subsid- iaries hereby elects under United States Treasury 40 The record does not contain the Forms 851 for 1985 and 1986. 41 The record contains no document that purports to be an agree- ment dated Jan. 30, 1984.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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