- 15 - 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 onPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011