Regal, Incorporated v. Commissioner of Internal Revenue

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 *923 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. Footnotes [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).