Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 10

                                       - 10 -                                         
               Under paragraph 11 of the agreement, petitioner agrees that            
          if the IRS should determine that petitioner was the continuing              
          common parent, it would grant Interlake an unqualified power of             
          attorney to represent petitioner in connection with all matters             
          involving Federal income tax for the years ending before the                
          effective date.                                                             
               Tax Filings by Interlake and Petitioner                                
               On August 7, 1987, Interlake filed Form 1120, Consolidated             
          U.S. Corporation Income Tax Return, for a 52/53-week 1986 tax               
          year ended December 28, 1986.  Interlake’s 1986 return reported a           
          $8,461,369 consolidated net operating loss (CNOL) and $1,496,693            
          of excess consolidated general business credits.                            
               On August 11, 1987, Interlake filed Form 1139, Corporation             
          Application for Tentative Refund, with respect to the 1986 tax              
          year.  The application requested a tentative carryback adjustment           
          of $5,346,097, attributable to the carryback of the 1986 CNOL and           
          excess consolidated business credits to the group’s 1984 tax                
          year.  On September 14, 1987, not much more than 1 month later,             
          respondent paid a $5,346,097 tentative refund to Interlake.                 
               On August 28, 1987, petitioner and its wholly owned                    
          subsidiary, AMC, filed a consolidated U.S. Corporation Income Tax           
          Return for a 27-week 1986 short tax year, which commenced with              
          the date of the spinoff, June 23, 1986, and ended December 28,              
          1986.  Petitioner’s 1986 return reported a $29,286,968 CNOL, all            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011