Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 56

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          “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 deficiency               






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