T.C. Memo. 2003-118 UNITED STATES TAX COURT ACME STEEL COMPANY (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) AND CONSOLIDATED SUBSIDIARIES, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 7885-94. Filed April 28, 2003. P was the common parent of an affiliated group that was restructured in 1986. In 1986, pursuant to the restructuring plan, P formed a subsidiary, I. Following the formation of I, P became a subsidiary of I through an inversion. I then distributed, pro rata to its shareholders in a spinoff, all the issued and outstanding common shares of P, which continued to hold all the shares of one pre-existing subsidiary of P. Following the restructuring and spinoff, P filed a consolidated Form 1120, U.S. Corporation Income Tax Return, for a 27-week 1986 tax year claiming a consolidated net operating loss (CNOL). P filed a Form 1139, Application for Tentative Refund under sec. 6411, I.R.C., carrying back the CNOL to the affiliated group’s 1981 and 1984 tax years and requesting tentative refunds for 1981 and 1984. I filed a consolidated U.S. corporation income tax return for a 52-week 1986 tax year claiming a CNOL. I also filed anPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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