State Farm Mutual Automobile Insurance Company and Subsidiaries - Page 15




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          to be made on consolidated returns are replete with singular                
          references to “the taxpayer”, “a taxpayer”, “the book income                
          adjustment”, “its consolidated net book income”, “its pre-                  
          adjustment alternative minimum taxable income”, and so forth.               
          E.g., sec. 56(f)(2)(C)(i); sec. 1.56-1(a)(3), Income Tax Regs.              
          The items to be compared in calculating the adjustment, i.e.,               
          consolidated preadjustment AMTI and consolidated adjusted net               
          book income, likewise are defined in terms that suggest a unified           
          treatment.                                                                  
               Consolidated preadjustment AMTI is determined by starting              
          with “the taxable income of the consolidated group for the                  
          taxable year”.  Sec. 1.56-1(b)(3)(iii), Income Tax Regs.  This              
          terminology implies the regular taxable income of the full                  
          consolidated group.  Similarly, consolidated adjusted net book              
          income is derived from the applicable financial statement of the            
          common parent.  Sec. 1.56-1(b)(3)(i) and (ii), and (c)(5)(i),               
          Income Tax Regs.  Again the language points to a single                     
          controlling document, and a subgroup approach could create an               
          apparent conflict with this inference.  Absent an entity standing           
          in the relation of “common parent” to a particular subgroup, the            
          subgroup methodology is not analogous to that directed in the               
          regulations.                                                                
               Moreover, Example 4 offers a numerical illustration in which           
          the book income and preadjustment AMTI of D and E are compared on           






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Last modified: May 25, 2011