- 12 - it did not take into account the tentative refund that had been paid to Interlake with respect to the 1984 tax year. On October 26, 1987, petitioner filed a revised Form 1139 that took into account the earlier tentative refund paid to Interlake. On the revised Form 1139, petitioner requested tentative refund allowances of $3,109,029 and $3,542,388 for 1984 and 1985, respectively. On November 1, 1987, 45 days after petitioner had filed its original Form 1139 with respondent and less than a week after petitioner filed the revised Form 1139, respondent paid tentative refunds to petitioner of $148,692 for 1981, $3,109,029 for 1984, and $3,524,388 for 1985. Neither Interlake nor any member of its affiliated group received any portion of the tentative refunds paid to petitioner. Administrative Proceedings Sometime after the tentative refunds were paid, respondent determined to reverse the tentative refunds made to petitioner and Interlake pending a determination whether petitioner or Interlake continued as the common parent of the affiliated group as a result of the 1986 restructuring and spinoff. Respondent informed petitioner of his determination in a February 1, 1988, letter and requested repayment within 10 days. Petitioner responded in a February 26, 1988, letter stating that it was entitled to the refunds, and that any issuesPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011