- 76 - Petitioner's reliance on Gottesman & Co. v. Commissioner, 77 T.C. 1149 (1981), is misplaced. In Gottesman, this Court held that, since the consolidated return regulations did not mandate a consolidated calculation of the accumulated earnings tax under section 531, the taxpayer was permitted to use a separate company calculation. In this case, however, petitioner seeks to adopt a method that is contrary to an express provision of the Code, section 56(c). Gottesman is inapposite. In light of our analysis, we believe that petitioner's other arguments do not merit discussion. In conclusion, the deduction under section 56(c) for an affiliated group of corporations is limited to the group's actually imposed chapter one tax, and, therefore, petitioner's claims for refunds must fail. E. Conclusion Petitioner is not entitled to refunds of payments made to satisfy the UBC affiliated group's corporate minimum tax liabilities for the years in issue. IV. Furniture and Fixtures Recovery Period Issue A. Introduction We must determine the applicable recovery period for certain furniture and fixtures (the furniture and fixtures) placed in service by various members of the UBC affiliated group during the group’s 1987, 1988, and 1989 taxable years. The applicable recovery 24(...continued) for other purposes, such as the addition to tax under sec. 6655(a), does not change our conclusion that the amounts derived from such allocation are not taxes imposed by chapter one of subtitle A of the Code.Page: Previous 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Next
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