Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 29

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               Petitioner contends the tentative refunds it received as the           
          result of the tentative carryback adjustments for 1981 and 1984             
          are nonrebate refunds that respondent cannot recover through the            
          deficiency proceedings.  Petitioner argues the nonrebate                    
          character of the tentative refunds because, on the basis of                 
          Interlake Corp. v. Commissioner, 112 T.C. 103 (1999), and the               
          consolidated return regulation in effect when the tentative                 
          refunds were paid in 1987, section 1.1502-78(b)(2), Income Tax              
          Regs., the former common parent of an affiliated group is not               
          authorized to receive the tentative refunds on the group’s                  
          behalf.                                                                     
              What petitioner is trying to do in the case at hand is                 
          litigate the merits of an issue the parties have already settled.           
          Despite petitioner’s entry into the stipulation, petitioner                 
          apparently views our opinion in Interlake as providing an                   
          argument too good to pass up.  In any event, petitioner’s                   
          argument is wrapped in a jurisdictional challenge, so we must               
          consider jurisdiction.  After we explain why we have jurisdiction           
          to enter a decision based on the stipulation, we shall explain              
          why the tentative refunds were rebates insofar as petitioner is             
          concerned.                                                                  











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