State Farm Mutual Automobile Insurance Company and Subsidiaries - Page 13




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               Corporations D and E are a consolidated group for tax                  
               purposes.  D and E do not have a consolidated financial                
               statement.  On their separate financial statements D                   
               and E have adjusted net book income of $100 and $50                    
               respectively, and preadjustment alternative minimum                    
               taxable income of $50 and $80 respectively.  Assuming                  
               there are no intercompany transactions, DE’s                           
               consolidated adjusted net book income * * * is $150 and                
               its consolidated pre-adjustment alternative minimum                    
               taxable income * * * is $130.  DE must increase its                    
               consolidated pre-adjustment alternative minimum taxable                
               income by $10 (($150 - $130) x .50).                                   
          II.  Overview and Positions of the Parties                                  
               This controversy involves the intersection between the life-           
          nonlife consolidated return rules and the AMT book income                   
          adjustment provisions.  While each of the foregoing topics is the           
          subject of a detailed and complex statutory and regulatory                  
          scheme, neither regime directly addresses how the two should be             
          combined.  By focusing on different aspects of the texts enacted            
          or promulgated and their historical development, the parties here           
          arrive at conflicting conclusions.  To summarize the primary                
          difference in their respective positions, petitioner maintains              
          that the book income adjustment is to be computed on a                      
          “consolidated” basis, with a single adjustment for the entire               
          group; respondent advocates a “subgroup” approach, with a                   
          separate book income adjustment for the life subgroup and for the           
          nonlife subgroup.                                                           
               Petitioner approaches the problem at hand by focusing                  
          principally on the specific language of the statute and                     
          regulations addressing the book income adjustment.  Therein                 





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