Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 20

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          that respondent could not recover the tentative refunds from                
          Interlake through the deficiency procedures.1                               
               Interlake was represented by Messrs. Newman and Updegraft              
          during all phases of the proceedings before the Court in                    
          Interlake v. Commissioner, supra.                                           
               Summary Assessment of the 1985 Tentative Refund                        
               In March 2000, respondent made a “summary assessment” under            
          section 6213(b)(3) of the $3,542,388 tentative refund respondent            
          had paid petitioner for 1985.  Section 6213(b)(3) provides that             


               1On Sept. 26, 2000, respondent issued proposed regulations             
          that purport to clarify and supplement the rules under sec.                 
          1.1502-77, Income Tax Regs., concerning the agent for an                    
          affiliated group and the designation of a new agent for the                 
          group.  The proposed regulations also purport to clarify and                
          modify the rules concerning the proper party to apply for and               
          receive a refund attributable to a tentative carryback adjustment           
          under sec. 1.1502-78, Income Tax Regs.  See secs. 1.1502-77 and             
          1.1502-78, Proposed Income Tax Regs., 65 Fed. Reg. 57755-57763              
          (Sept. 26, 2000).  The preamble to the proposed regulations cites           
          the difficulties in applying the existing regulations to                    
          situations in which an affiliated group continues following a               
          restructuring, as highlighted by Interlake Corp. v. Commissioner,           
          112 T.C. 103 (1999).  The proposed amendments to sec. 1.1502-               
          77(a), Income Tax Regs., provide that the common parent for a               
          consolidated return year remains the agent for the group for that           
          year as long the common parent continues to exist.  This rule is            
          to apply even if the common parent, for whatever reason, ceases             
          to be the common parent.  The proposed regulations amend sec.               
          1.1502-78(a), Income Tax Regs., to provide that the common parent           
          for the carryback year should file an application under sec. 6411           
          for a tentative carryback adjustment with respect to a loss or              
          credit arising in a separate return year that may be carried back           
          to a consolidated return year, and any tentative refund must be             
          paid to the corporation that was the common parent for the                  
          carryback year.                                                             






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