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ALUMAX INC. v. C.I.R.

No. 98-8005.

165 F.3d 822 (1999)

ALUMAX INC. and Consolidated Subsidiaries, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 21, 1999.

Attorney(s) appearing for the Case

Willard B. Taylor, Philip L. Graham, Jr., Sullivan & Cromwell, New York City, Martin D. Ginsburg, Georgetown University Law Center, Washington, DC, for Petitioners-Appellants.

Thomas J. Clark, Richard Farber, U.S. Dept. of Justice, Tax Div., Washington, DC, for Respondent-Appellee.

Before COX, CARNES and HULL, Circuit Judges.

COX, Circuit Judge:

Alumax Inc. appeals a tax court decision concluding that Alumax owes about $129,000,000 in taxes for the years 1981-86. The tax court's decision rested on its ruling that for the years 1984-86 Alumax could not join the consolidated return of one of its shareholders, AMAX Inc., under Internal Revenue Code §§ 1501 and 1504(a). We affirm.

I. Background

No one challenges the tax court's findings of fact, and it is...

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