Trinova Corporation and Subsidiaries - Page 7

                                        - 7 -                                         
          after the transaction in question, petitioner no longer had any             
          interest in its former glass business; LOF Glass operated as a              
          subsidiary of Pilkington Holdings.  Thus, if section 47 were the            
          only provision involved in this case, this lack of retained                 
          interest would be fatal to petitioner's position herein.  Blevins           
          v. Commissioner, 61 T.C. 547 (1974); Aboussie v. Commissioner, 60           
          T.C. 549 (1973), affd. without published opinion 504 F.2d 758               
          (5th Cir. 1974); Soares v. Commissioner, 50 T.C. 909 (1968);                
          Purvis v. United States, 73-1 USTC par. 9157 (N.D. Ga. 1972).               
               However, the transactions herein took place in the                     
          consolidated return context, which provides a different frame of            
          reference.  Paragraph (f) of section 1.1502-3, Income Tax Regs.,            
          deals with early dispositions of section 38 assets of a member of           
          a consolidated group; subparagraph (2) of paragraph (f) provides:           
                    (2)  * * * a transfer of section 38 property from                 
               one member of the group to another member of such group                
               during a consolidated return year shall not be treated                 
               as a disposition or cessation within the meaning of                    
               section 47(a)(1).  If such section 38 property is                      
               disposed of, or otherwise ceases to be section 38                      
               property * * * before the close of the estimated useful                
               life * * *, then section 47(a)(1) or (2) shall apply                   
               * * *                                                                  
          Subparagraph (3) of paragraph (f) provides:                                 
                    (3)  Examples.  The provisions of this paragraph                  
               may be illustrated by the following examples:                          
                    Example (1).  P, S, and T file a consolidated                     
               return for calendar year 1967.  In such year S places                  
               in service section 38 property having an estimated                     
               useful life of more than 8 years.  In 1968, P, S, and T                
               file a consolidated return, and in such year S sells                   





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