- 93 - 1504(a)(1)(B) and (2)(B) was satisfied for 1985 and 1986. Consequently, we hold that for 1984 and for 1985 and 1986 peti- tioners were not members of the affiliated group within the meaning of section 1504(a) and amended section 1504(a), respec- tively, that had Amax as its common parent.30 Accordingly, we sustain respondent's determination that petitioners are not entitled to join in the consolidated return that Amax filed for each of those years in which it claimed to be the common parent of a group of corporations that included petitioners.31 Period of Limitations Petitioners argue that even if the Court were to find that petitioners are not entitled to join in the consolidated return that Amax filed for each of the years 1984, 1985, and 1986, the respective periods of limitations for those years for assessing tax due from petitioners' group have expired. Respondent argues that section 1.1502-77(c)(2), Income Tax Regs., rejects petition- ers' contention. That regulation provides: (c) Effect of waiver given by common parent. 30 We note that the issue presented here under sec. 1504(a) and amended sec. 1504(a) turns on the particular facts established by the record in this case, and nothing in this Opinion is intended to be, or should be read as, deciding or implying any finding or conclusion of this Court under that section in other cases involving facts that may appear to be similar to those presented in the present case. 31 In reaching our holding, we have considered all of petition- ers' arguments that are not discussed herein and found them to be without merit.Page: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
Last modified: May 25, 2011