Interlake Corporation - Page 9




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          years 1984 and 1985 which took into account the earlier tentative            
          refund allowance paid to petitioner.  On the revised Form 1139,              
          Acme and its consolidated subsidiary requested tentative refunds             
          of income tax for 1984 and 1985 in the amounts of $3,109,026 and             
          $3,524,388, respectively.                                                    
               On or about November 1, 1987, the service center, after                 
          processing Acme's revised Form 1139 relating to 1984 and 1985 and            
          the original Form 1139 relating to 1981, made tentative refund               
          allowances (tentative refunds) to Acme as follows:                           
                    Amount of                                                          
                    Tentative Refund          Taxable Year                             
                    Allowance                 Ended                                    
                    $148,692                  12/27/81                                 
                    3,109,026                 12/30/84                                 
                    3,524,388                 12/29/85                                 
               The service center charged the tentative refund allowances              
          that it paid to Acme to the Federal income tax account of the                
          group for 1984 (i.e., to the tax account of Acme).  Neither                  
          petitioner nor the group received, directly or indirectly, any               
          portion of the tentative refunds paid to Acme.                               
          Examination of Acme's 1986 Tax Return                                        
               A subsequent examination of Acme's 1986 short-year Federal              
          income tax return resulted in a determination by the Internal                
          Revenue Service (Service) that Acme and its consolidated                     
          subsidiary did not sustain a CNOL in the amount of $29,286,968,              
          as claimed on their 1986 consolidated Federal income tax return.             
          Instead, the Service determined that Acme and its consolidated               
          subsidiary have a CNOL in the amount of $13,180,810 for the 1986             

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