26 U.S.C. § 1501
Privilege to file consolidated returns
An affiliated group of corporations shall, subject to the provisions of this chapter, have the privilege of making a consolidated return with respect to the income tax imposed by chapter 1 for the taxable year in lieu of separate returns. The making of a consolidated return shall be upon the condition that all corporations which at any time during the taxable year have been members of the affiliated group consent to all the consolidated return regulations prescribed under section 1502 prior to the last day prescribed by law for the filing of such return. The making of a consolidated return shall be considered as such consent. In the case of a corporation which is a member of the affiliated group for a fractional part of the year, the consolidated return shall include the income of such corporation for such part of the year as it is a member of the affiliated group.
Notes of Decisions
Cited in 74
cases (2 in the last 5 years), 1937–2021 · leading case: United Dominion Indus., Inc. v. United States, 532 U.S. 822 (2001).
United Dominion Indus., Inc. v. United States, 532 U.S. 822 (2001). “[2] *826 Instead of requiring each member company of "[a]n affiliated group of corporations" to file a separate tax return, the Code permits the group to file a single consolidated return, 26 U. S. C. § 1501 , and leaves it to the Secretary of the Treasury to work out the…”
Barclays Bank PLC v. Franchise Tax Bd. of Cal., 512 U.S. 298 (1994). “26 U. S. C. § 1501 . [4] Effective enforcement of arm's-length standards requires exacting scrutiny by the taxing jurisdiction, and some commentators maintain that the results are arbitrary in any event.”
Centex Corp. v. United States, 395 F.3d 1283 (Fed. Cir. 2005). “First, it contends that CTX was not damaged by the enactment of the Guarini amendment because it had no taxable income to shelter during the pertinent periods. Second, it argues that CTX retained its status as a separate taxable entity and therefore could not assert claims on…”
Fed. Power Comm'n v. United Gas Pipe Line Co., 386 U.S. 237 (1967). “[1] The election was pursuant to the privilege granted in § 1501 of the Internal Revenue Code of 1954, 26 U. S. C. § 1501 . The other members of the affiliated group are United Gas Corporation, which wholly owns United and which is a gas distribution company subject to state and…”
Bd. of Governors of the Fed. Reserve Sys. v. First Lincolnwood Corp., 439 U.S. 234 (1978). “[4] The Internal Revenue Code of 1954, 26 U. S. C. § 1501 , permits an affiliated group of corporations to file a consolidated income tax return.”
State of Texas' Agencies & Institutions of Higher Learning v. Pub. Util. Comm'n, 450 S.W.3d 615 (Tex. App. 2014). “See 26 U.S.C. §§ 1501 , 1504 (affiliated group of corporations has privilege of filing consolidated return, and main attribute of eligibility is that each company in group is at least 80% owned by parent or another company in group).”
Rodriguez v. Fed. Deposit Ins. Corp., 140 S. Ct. 713 (2020). “See 26 U.S.C. § 1501 . This serves as a convenience for the government and taxpayers alike.”
Mid-Am. Television Co. v. State Tax Comm'n, 652 S.W.2d 674 (Mo. 1983). “Under Chapter 6 of the Internal Revenue Code, 26 U.S.C. § 1501 , authority for an affiliated group of corporations to file a consolidated return is found, but the section specifically points out that the return is in connection with the income tax imposed by Chapter 1 of the…”
Oncor Elec. Delivery Co. LLC v. Pub. Util. Comm'n of Texas, 507 S.W.3d 706 (Tex. 2017). “See 26 U.S.C. §§ 1501 , 1503, 1552; 26 C.F.R.”
Nisselson v. Drew Indus., Inc. (In Re White Metal Rolling & Stamping Corp.), 222 B.R. 417 (Bankr. S.D.N.Y. 1998). “See 26 U.S.C. § 1501 . 5 All members of the affiliated group during the taxable year must consent to the consolidated return regulations, and the filing of the consolidated return constitutes that consent.”
U.S. Padding Corp. v. Comm'r of Internal Revenue, 865 F.2d 750 (6th Cir. 1989). “” The term “affiliated group” is defined for purposes of this case under § 1504(d), titled “Subsidiary formed to comply with foreign law,” which states [i]n the case of a domestic corporation owning or controlling, directly or indirectly, 100 percent of the capital stock .”
Schleiff v. Chesapeake & Ohio Ry. Co., 43 F.R.D. 175 (S.D.N.Y. 1967). “It was originally a condition of this offer that it be accepted by holders of 80% of the B & O shares, doubtless to permit the filing by the two corporations of consolidated tax returns ( 26 U.S.C. §§ 1501 , 1504). C & O later agreed in substance to waive this condition and at…”
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