Regal, Incorporated v. Commissioner of Internal Revenue

435 F.2d 922, 26 A.F.T.R.2d (RIA) 5806, 1970 U.S. App. LEXIS 6367

• Court: Court of Appeals for the Second Circuit
• Decided: November 17, 1970
• Docket: 34579_1
• Status: Published

Opinion

PER CURIAM

The issues here presented are succinctly stated by the Tax Court as follows:

“The Commissioner determined a deficiency in the income tax of petitioner for the taxable year ended January 31, 1965 in the amount of $64,347.39. At issue is whether petitioner and its subsidiaries were required to file a consolidated Federal income tax return for their taxable year ended January 31, 1965 solely because they elected to file a consolidated Federal income tax return for the previous taxable year.”

Appellant Regal, Inc. claims that Treasury Regulation 1.1502-11A is invalid. 1 This regulation provides, with appropriate exceptions that once an affiliated group of corporations elects to file a consolidated return, such group must continue to file on a consolidated basis until permission of the Commissioner of Internal Revenue be obtained to make a change. We affirm the deci sion of the Tax Court upon the facts and for the reasons stated by Judge Raum in his opinion below, 53 T.C. 261 filed November 17,1969.

1 . This regulation was formerly numbered 1.1502-11 and was reumbered 1.1502-11A by T.D. 6894, approved September 2, 1966. For taxable years beginning after December 31, 1965, the regulation is inapplicable, and is replaced by Treasury Regulation 1.1502-75 (c).