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(B) such lessee is obligated to lease
the building under an agreement to lease
entered into before September 26, 1985, and
such property is provided for such building,
and
(C) such buildings are to serve as world
headquarters of the lessee and its
affiliates.
For purposes of this paragraph, a corporation is an
affiliate of another corporation if both corporations
are members of a controlled group of corporations
within the meaning of section 1563(a) of the Internal
Revenue Code of 1954 without regard to section
1563(b)(2) of such Code. Such lessee shall include a
securities firm that meets the requirements of
subparagraph (A), except the lessee is obligated to
lease the building under a lease entered into on June
18, 1986.
We do not conclude that the flush language of this section
exclusively defines the word “affiliates” for purposes of its
application. The flush language merely specifies when a
corporation will be considered to be an affiliate of another
corporation.
We hold that the flush language of section 204(a)(7)(c) does
not contain the exclusive definition of the word “affiliates”.
Accordingly, we will deny respondent’s motion and set this case
for trial. Whether petitioner has “affiliates” within the
meaning of section 204(a)(7) is a factual determination that must
be made on the basis of a complete record. We have considered
all arguments for a contrary holding and, to the extent not
discussed above, find those arguments to be without merit or
irrelevant. To reflect the foregoing,
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