PSB Holdings, Inc. - Page 16




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          and Woolford Realty Co. v. Rose, 286 U.S. 319 (1932)); cf.                  
          Gottesman & Co. v. Commissioner, 77 T.C. 1149, 1156 (1981) (“to             
          the extent the consolidated return regulations do not mandate               
          different treatment, corporations filing consolidated returns are           
          to be treated as separate entities when applying other provisions           
          of the Code”).  Nor do the consolidated return regulations, as              
          applicable here, change this result.  Those regulations require             
          that Peoples calculate its net income separately from                       
          Investments’ net income.  See sec. 1.1502-11(a)(1), Income Tax              
          Regs. (stating that taxable income is calculated for an                     
          affiliated group by taking into account the separate taxable                
          income of each member of the group).  Respondent has not                    
          identified, nor are we aware of, any provision in the                       
          consolidated return regulations that would require the tax-exempt           
          obligations purchased and owned by Investments to be taken into             
          account in the calculation of Peoples’ interest expense                     
          deduction.  Nothing that we read in the statutes or in the                  
          consolidated return regulations directs us to ignore the separate           
          existence of Investments and Peoples or otherwise to treat                  
          Investments’ self-purchased tax-exempt obligations as owned by              
          Peoples for purposes of calculating the numerator as to Peoples.            
               Congress knew how to require a taxpayer to take into account           
          the assets of another taxpayer had Congress intended to include             
          respondent’s “look-through” approach in the applicable statutes.            







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