Trinova Corporation and Subsidiaries - Page 2

                                        - 2 -                                         
               Frederick E. Henry, Jeffrey M. O'Donnell, and Julie C. H.              
          Walsh, for petitioners.                                                     
               Nancy B. Herbert and Reid M. Huey, for respondent.                     


                                       OPINION                                        
               TANNENWALD, Judge:  Respondent determined the following                
          deficiencies in petitioner's Federal income taxes and additions             
          to tax:                                                                     
                                                  Addition to Tax                     
               Year           Deficiency          Sec. 6661(a)                        
               1985           $   117,988              --                             
               1986           11,630,928          $1,429,687                          
               1987           4,924,255                --                             
               1988           834,875                  --                             

          After concessions, the issue for decision is whether petitioner             
          is liable for recapture in 1986 of investment tax credits (ITC)             
          claimed on certain section 381 assets that were transferred to a            
          wholly owned subsidiary, the stock of which was then transferred            
          out of the consolidated group in a tax-free transaction.  If this           
          issue is resolved in favor of respondent, then the issue of the             
               addition to tax under section 6661(a), which relates only              
          to the recapture issue, will have to be decided.2                           

          1  Unless otherwise indicated, all section references are to the            
          Internal Revenue Code in effect for the taxable years in issue,             
          and all Rule references are to the Tax Court Rules of Practice              
          and Procedure.                                                              
          2  An additional issue, relating to the allocation of deductions            
                                                             (continued...)           




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