- 18 - for redetermination were filed with the Court with respect to each notice. However, INI, Inc. (INI), the subsidiary corporation, subsequently challenged the validity of the notice of deficiency that respondent had issued to INI on the ground that the separate notice was issued in violation of section 1.1502-77(a), Income Tax Regs. Contrary to INI's position, the Court sustained the validity of the notice of deficiency. In particular, although recognizing that a common parent of a consolidated group of corporations normally serves as agent for its subsidiaries, the Court observed that a copy of the notice of deficiency issued to INI was contemporaneously furnished to the common parent corporation. Under the circumstances, the Court concluded that the notice of deficiency was validly issued pursuant to the consolidated return regulations on the ground that it served as notice to the common parent corporation that respondent intended to deal directly with INI pursuant to the final sentence of section 1.1502-77(a), Income Tax Regs. Applying similar reasoning in the present case, we conclude that the April 11, 1996, notice of deficiency issued to petitioner is valid. Of course, the facts in the present case can be distinguished from those of INI, Inc. v. Commissioner, supra, insofar as respondent did not directly furnish Hibiscus with a copy of the April 11, 1996, notice of deficiency.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