Trinova Corporation and Subsidiaries - Page 8

                                        - 8 -                                         
               such property to T.  Such sale will not cause section                  
               47(a)(1) to apply.                                                     
                              *   *   *   *   *   *   *                               
                    Example (3).  Assume the same facts as in example                 
               (1), except that P, S, and T continue to file                          
               consolidated returns through 1971 and in such year T                   
               disposes of the property to individual A.  Section                     
               47(a)(1) will apply to the group * * *                                 
                              *   *   *   *   *   *   *                               
                    Example (5).  Assume the same facts as in example                 
               (1), except that in 1969, P sells all the stock of T to                
               a third party.  Such sale will not cause section                       
               47(a)(1) to apply.                                                     
               It is clear that the mere transfer of section 38 assets                
          within a consolidated group does not trigger recapture.  Sec.               
          1.1502-3(f)(2), Income Tax Regs.; see also sec. 47(b); Tandy                
          Corp. v. Commissioner, 92 T.C. 1165 (1989); sec. 1.47-3(a),                 
          Income Tax Regs.                                                            
               It is equally clear from Example (3) of the regulations that           
          a transfer of the section 38 assets by LOF Glass, Inc., to                  
          Pilkington Holdings would have triggered the recapture of the               
          investment tax credit.  In the same vein, the language of Example           
          (5) without more would dictate that the transfer of the stock of            
          LOF Glass, Inc., to Pilkington Holdings would not trigger the               
          recapture of such credit.  In point of fact, the application of             
          Example (5) to the instant case is affected by a revenue ruling             
          and the opinions of two Courts of Appeals approving that ruling.            
          In order to facilitate an understanding of the positions of 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