- 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 thePage: 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