Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 72

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                    An affiliated group of corporations shall * * * have              
               the privilege of making a consolidated return with respect             
               to the income tax imposed by chapter 1 for the taxable                 
               year in lieu of separate returns.  The making of a                     
               consolidated return shall be upon the condition that all               
               corporations which at any time during the taxable year                 
               have been members of the affiliated group consent to all               
               the consolidated return regulations prescribed under                   
               section 1502 prior to the last day prescribed by law for               
               the filing of such return.  * * *                                      
          Pursuant to section 1502, Congress has granted to the Secretary of          
          the Treasury broad authority to prescribe such regulations as he may        
          deem necessary with respect to the making of consolidated returns.          
          There are no regulations, however, that directly address the                
          calculation of the corporate minimum tax for an affiliated group of         
          corporations that makes a consolidated return.22  In the absence of         
          consolidated return regulations governing a particular point, this          
          Court shall look to the Code or other law.  See, e.g., Wegman's             
          Properties, Inc., & Subs. v. Commissioner, supra at 790; sec.               

          22   On Mar. 19, 1970, the Internal Revenue Service (the IRS)               
          issued Technical Information Release No. 1032, which stated, in             
          part, as follows:                                                           
                    The Internal Revenue Service today announced that                 
               amendments will be made to the regulations to reflect                  
               the effect on consolidated returns and partnerships of                 
               the addition by the Tax Reform Act of 1969 of the                      
               minimum tax for tax preferences.                                       
                    The amendment relating to consolidated returns                    
               will make clear that the election by affiliated groups                 
               of corporations to file a consolidated Federal income                  
               tax return is effective with respect to the computation                
               of the minimum tax as well as the regular income tax.                  
          Those amendments, however, were never made.  On July 31, 1984,              
          the IRS issued, but never finalized, a proposed amendment to sec.           
          1.1502-2, Income Tax Regs., which would have added the corporate            
          minimum tax to the list of taxes to be computed as part of an               
          affiliated group's consolidated tax liability.                              




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