Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 65

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               We reject petitioner’s argument because it is based on false           
          premises.  As previously discussed, respondent paid petitioner              
          the tentative refunds pursuant to petitioner’s application for              
          tentative carryback adjustment at a time when respondent had not            
          finally determined which affiliated group was the continuation of           
          the prespinoff affiliated group.  Respondent paid the tentative             
          refunds by depositing the funds in an account maintained by                 
          petitioner pursuant to the attached application for electronic              
          funds transfer, and within the time prescribed by section                   
          6411(b).  Respondent later determined that petitioner did not               
          sustain the CNOL it claimed on its 1986 return and that                     
          petitioner was the continuing common parent of the prespinoff               
          affiliated group.  Even if the latter determination had been                
          erroneous, which we doubt, it was an erroneous application of the           
          relevant regulations to the restructuring and spinoff, not a                
          clerical or computer error.                                                 
               The tentative refunds paid to petitioner were rebate refunds           
          to petitioner because they arose from and were attributable to              
          petitioner’s recalculation of the group’s 1981 and 1984 tax                 
          liabilities.  Respondent’s payment of the tentative refunds was             
          consistent with the requirements of section 6411, and his later             
          determination of a deficiency was consistent with section 6213.             









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