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of any Federal INCOME tax due on any return(s) made by or for the
above taxpayer(s) for the period(s) ended December 31, 1983,
December 31, 1984, December 31, 1985 and December 31, 1986 may be
assessed at any time on or before June 30, 1995." That Form 872
was signed on June 23, 1994, by an officer of Cyprus Amax, and on
June 27, 1994, by a representative of respondent.
The officers of Amax and Cyprus Amax who signed the Forms
872 in question were not at any relevant times officers of Alumax
or of any other member of petitioners' group. Neither Alumax nor
any other member of petitioners' group executed at any relevant
times a written power of attorney or any other document explic-
itly referring to a power of attorney, which specifically autho-
rized any of those officers to represent Alumax or any other
member of petitioners' group with respect to the years 1984,
1985, and 1986.
On March 15, 1995, respondent issued a notice of deficiency
(notice) to Alumax, Incorporated and Consolidated Subsidiaries.
In the notice, respondent determined, inter alia:
you are not qualified for inclusion in Amax, Inc.'s
affiliated group for the taxable years ended December
31, 1984, December 31, 1985 and November 24, 1986,
because Amax, Inc. did not satisfy the requirements of
I.R.C. �1504(a) during any portion of said taxable
years.
* * * * * * * *
Accordingly, you are treated as filing separate income
tax returns for the years ended December 31, 1984,
December 31, 1985 and November 24, 1986. Your income
is figured as disclosed by the consolidated returns of
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