J & S Carburetor Co. v. Commissioner
United States Tax Court
Subsidiaries in an affiliated group of corporations filing a consolidated return petitioned this Court while the common parent corporation was in bankruptcy. Respondent moved to dismiss for lack of jurisdiction. Held, sec. 1.1502-77(a), Income Tax Regs., precludes the subsidiaries from petitioning this Court; accordingly, respondent's motion to dismiss for lack of jurisdiction is granted.
1Opinion of the Court
OPINION
JACOBS, Judge:
This matter is before the Court on respondent’s motion to dismiss for lack of jurisdiction. The issue presented is whether subsidiaries in an affiliated group of corporations filing a consolidated tax return can invoke the Court’s jurisdiction by filing a petition while the common parent corporation has a bankruptcy petition pending and is stayed from commencing an action in this Court by virtue of 11 U.S.C. 362(a)(8) (1982). 1 All of the facts have been stipulated for purposes of deciding this motion and are so found.
For the fiscal years ending April 30, 1979, 1980, and…
2Cases cited3 opinions
- McClamma v. CommissionerUnited States Tax Court · 1981
- Baron v. CommissionerUnited States Tax Court · 1979
- Southern Pacific Co. v. CommissionerUnited States Tax Court · 1985
3Cited by5 opinions
- Schlosser v. CommissionerUnited States Tax Court · 1990
- Whyte v. GMF Investments Inc. (In re Fairchild Aircraft Corp.)United States Bankruptcy Court, W.D. Texas · 1991
- Entertainment Sys. v. CommissionerUnited States Tax Court · 1995
- J & S Carburetor Co. v. CommissionerUnited States Tax Court · 1989
- Schlosser v. CommissionerUnited States Tax Court · 1990