- 46 - ated group that had Amax as its common parent. Nor are we suggesting that petitioners have carried their burden of showing that they satisfy the 80-percent value test of amended section 1504(a)(1)(B) and (2)(B). To the contrary, on the record before us, we find that they have not. The dispute as framed by the parties is whether the Alumax class C common stock owned by the Amax group stockholders pos- sessed "at least 80 percent of the voting power of all classes of stock" of Alumax within the meaning of section 1504(a)(1).11 It is petitioners' position that at all relevant times the Alumax class C common stock possessed 80 percent of the voting power of all classes of Alumax stock within the meaning of section 1504(a)(1). It is significant to our resolution of the question presented under section 1504(a)(1) and amended section 1504(a) that petitioners do not contend that that stock possessed more than 80 percent of the voting power of all classes of Alumax stock. Petitioners argue that "all judicial and administrative 11 Each party, and in particular petitioners, appears to have misconstrued in material respects the arguments on brief of the opposing party on the issue under sec. 1504(a)(1). As a result, the briefs, and in particular petitioners' briefs, often address arguments and contentions that we do not believe are even being advanced by the opposing party. In any event, we shall resolve the issue presented to us under sec. 1504(a)(1) and amended sec. 1504(a) by following the path mandated by the facts established by the record and the applicable law.Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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