Union Carbide Corporation and Subsidiaries - Page 15

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          U.S. 235, 241 (1989).  When the plain language of the statute or             
          regulation is clear and unambiguous, that is where the inquiry               
          should end.  General Dynamics Corp. & Subs. v. Commissioner, 108             
          T.C. at 121-122.                                                             
               On brief, petitioner presents a plenitude of alternative                
          arguments in support of its claims for additional FSC commission             
          expenses for the years in issue.  Petitioner's principal                     
          contention is that the plain language of sentence No. 4 requires             
          only that the party in the overpayment position file its claims              
          for refund relating to a redetermination of FSC commission                   
          expenses within the allowable time period under section 6511.  In            
          other words, petitioner maintains that the section 6511 period of            
          limitations need be open only for its own taxes, not those of                
          UCFSC, in order for petitioner to redetermine its FSC commission             
          expenses.  Thus, petitioner asserts that it can deduct additional            
          FSC commission expenses in the amounts of $19,176,799,                       
          $27,550,019, and $51,218,650 for 1987, 1988, and 1989,                       
          respectively, subject to any "correlative adjustments" to UCFSC's            
          returns that, in petitioner's view, are mandated by sentence No.             
          6 of the Regulation.                                                         
               Petitioner alternatively argues that, even if a "dual                   
          statute of limitations requirement" inheres in sentence No. 4,               
          sentence No. 5 literally contains no such requirement.                       
          Therefore, petitioner reasons, it is entitled to claim additional            
          expenses in the amounts of $17,578,042, $18,638,279, and                     




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