Wisconsin Big Boy Corporation v. Commissioner of Internal Revenue, Marc's Big Boy Prospect, Inc. v. Commissioner of Internal Revenue

FAIRCHILD, Circuit Judge.

These appeals involve the allocation under 26 U.S.C. § 482, of all the income of subsidiaries to the parent corporation.

Collectively the business of taxpayers is to operate restaurants in Wisconsin under the Big Boy franchise and trademark. During the years in question there were ten restaurants. A separate corporation operated each. Wisconsin Big Boy Corporation (WBB) had obtained the franchise from an unrelated California corporation which had developed a particular pattern of restaurant operation. WBB holds all the stock of the ten restaurant corporations, has…