Connecticut General Life Insurance Company - Page 13

                                                - 13 -                                                   
            That reserved subparagraph states merely as follows:  “Acquired                              
            Groups.  [Reserved.]”.                                                                       
                  Petitioners note further that in the preamble accompanying                             
            section 1.1502-47, Income Tax Regs., a comment is made to the                                
            effect that applying petitioners' single entity method to                                    
            ineligible nonlife companies that in prior years constituted                                 
            members of a consolidated group may be appropriate in certain                                
            situations.                                                                                  
                  The preamble states in relevant part:                                                  

                        Finally, the Treasury Department will study                                      
                  further whether it is appropriate to aggregate the                                     
                  income and losses of ineligible members in certain                                     
                  cases.  For instance, notwithstanding the ordinary                                     
                  reading of section 1503(c)(2), it may be consistent                                    
                  with the intent of section 1503(c)(2), or correct as a                                 
                  matter of policy, to aggregate the income and losses of                                
                  ineligible members that filed a consolidated return                                    
                  prior to their acquisition by * * * another group that                                 
                  files a consolidated return. [T.D. 7877, 1983-1 C.B.                                   
                  207, 212.]                                                                             

                  Due primarily to the presence of the above reserved                                    
            subparagraph for acquired consolidated groups and due to the                                 
            above language from the preamble to the regulations, petitioners                             
            argue that the separate entity treatment for ineligible nonlife                              
            companies that is provided in section 1503(c)(2) and section                                 
            1.1502-47(m)(3)(vi), Income Tax Regs., should itself be limited                              
            and should not apply to ineligible nonlife companies that                                    
            previously constituted an affiliated group and that filed                                    






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011