- 53 - B.T.A. 906 (1937), and Rudolph Wurlitzer Co. v. Commissioner, 81 F.2d 971 (6th Cir. 1936), affg. 29 B.T.A. 443 (1933)), on which both parties rely was whether the stock in question was voting stock or nonvoting stock for purposes of the applicable consoli- dation provisions. Those cases did not even address how to measure the voting power possessed by different classes of voting stock for purposes of those provisions. The questions presented in certain of the rulings on which both parties rely (viz, Rev. Rul. 69-126, 1969-1 C.B. 218; I.T. 3896, 1948-1 C.B. 72) were whether the stock in question was voting stock or nonvoting stock for purposes of the applicable consolidation provisions and how to measure the voting power possessed by different classes of voting stock for purposes of those provisions. One or both of those issues also were involved in certain of the other rulings on which petitioners rely (e.g., Rev. Rul. 71-83, 1971-1 C.B. 268; Priv. Ltr. Rul. 90-26-047 (Mar. 30, 1990); Priv. Ltr. Rul. 83-42-014 (July 10, 1983); Priv. Ltr. Rul. 82-21-112 (Feb. 26, 1982)). None of the cases or rulings on which petitioners rely involved the facts presented in the instant case. Nor does any of them mandate that we adopt petitioners' espoused mechanical test, let alone their application of that test, in determining in the present case whether the Alumax class C common stock owned by the Amax group stockholders satisfies the voting power require- ment of section 1504(a)(1) and amended section 1504(a)(1)(B) andPage: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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