- 56 - “limited examination” period, to try to determine which group continued as the prespinoff affiliated group. That determination required an application of the relevant regulations to the facts of the restructuring and was appropriately left for the regular examination. Respondent followed the requirements of the statute and paid the tentative refunds to petitioner and Interlake well within the 90-day period provided for in section 6411(b). Respondent examined petitioner’s 1986 tax year after he paid the tentative refunds and determined that petitioner did not sustain the CNOL claimed on its 1986 return, and that petitioner was the continuing common parent of the prespinoff affiliated group. Respondent issued the notice of deficiency to petitioner on the basis of the foregoing determinations. See sec. 1.1502- 77(a), Income Tax Regs. (providing that the notice of deficiency shall be mailed only to the common parent). We cannot identify any error, clerical or otherwise, made by respondent in paying the tentative refunds to petitioner and then attempting to recover them through a notice of deficiency when he determined petitioner was not entitled to them. We have consistently upheld the Commissioner’s right to proceed in this manner. In Pesch v. Commissioner, 78 T.C. 100 (1982), the taxpayers contended that a tentative refund issued more than 90 days after the application could not be recovered through the deficiencyPage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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