Lone Star Life Insurance Company - Page 11

                                       - 11 -                                         

               Because there is no dispute as to the material facts                   
          respecting the question of the applicability of the period of               
          limitations, the issue is ripe for summary adjudication.                    
               Section 1501, which grants the authority for affiliated                
          corporations to file consolidated income tax returns, provides              
          that, upon filing a consolidated return, the members of the                 
          consolidated group consent to all of the consolidated return                
          regulations prescribed under section 1502.  Section 1502 provides           
          that the Secretary shall prescribe such regulations as may be               
          deemed necessary so that the tax liability of an affiliated group           
          may be returned, determined, computed, assessed, collected, and             
          adjusted in such a manner as clearly to reflect the income tax              
          liability.                                                                  
          Pursuant to the authority granted in section 1502, the                      
          Secretary promulgated section 1.1502-77(a), Income Tax Regs.,               
          which provides in pertinent part:                                           
               Common parent agent for subsidiaries.--(a) Scope of                    
               agency of common parent corporation.  The common                       
               parent, for all purposes * * * [other than exceptions                  
               not applicable here], shall be the sole agent for each                 
               subsidiary in the group, duly authorized to act in its                 
               own name in all matters relating to the tax liability                  
               for the consolidated return year.  Except as provided                  
               in the preceding sentence, no subsidiary shall have                    
               authority to act for or to represent itself in any such                
               matter. * * *; the common parent in its name will give                 
               waivers, give bonds, and execute closing agreements,                   
               offers in compromise, and all other documents, and any                 
               waiver or bond so given, or agreement, offer in                        
               compromise, or any other document so executed, shall be                
               considered as having also been given or executed by                    
               each such subsidiary.  * * *  Notwithstanding the                      




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