Rule: Filing a consolidated return is a privilege afforded to
affiliated groups of corporations (Code Sections 1501 and 1504(b)), and it can
only be filed if all of the affiliated corporations consent to such a filing. An
affiliated group has ownership through a common parent. The common parent must
directly own at least 80% of the voting power of at least one of the affiliated
(includible) corporations and at least 80% of the value of the stock of that
corporation, and the other corporations not controlled by the parent must be
controlled under the 80% ownership test by an includible corporation. Not all
corporations are allowed the privilege of filing a consolidated return.
Examples of those that are denied the privilege include:
S corporations,
Foreign corporations,
Most real estate investment trusts (REITs),
Some insurance companies, and
Most exempt organizations.
Choice "d" is correct. To summarize the facts in the question, the ownership
percentage rules are met for all corporations. A, C, and D are all C
corporations, and B Corp is an S corporation. Jans owns A and B; A owns C; and B
owns D. Per the rules above, S corporations are denied the privilege of filing a
consolidated return. Therefore, B Corp. cannot file a consolidated return. A and
C may file a consolidated return, as Jans controls A, and A controls C in the
required percentages and both are includible corporations. However, the control
of D rests with B, an S corporation. Therefore, D cannot be consolidated with A
or C, and because B cannot file a consolidated return (as it is an S
corporation), D cannot file consolidated with B. Therefore, A and C may file as
a group, but B and D may not file as a group.
Choice "b" is incorrect. Per the above rules, D cannot file as a group with A
and C, as the control of D rests with B, an S corporation that is not deemed an
includible corporation.
Choice "c" is incorrect. A and C may file a consolidated return, as
Jans controls A, and A controls C in the required percentages and both are
includible corporations. The control of D rests with B, an S corporation.
Therefore, D cannot be consolidated with A or C, and because B cannot
file a consolidated return (as it is an S corporation), D cannot file
consolidated with B. Therefore, A and C may file as a group, but B and D may not
file as a group.
Choice "a" is incorrect. A and C may file a consolidated return, as Jans
controls A, and A controls C in the required percentages and both are includible
corporations. The control of D rests with B, an S corporation. Therefore, D
cannot be consolidated with A or C, and because B cannot file a consolidated
return (as it is an S corporation), D cannot file consolidated with B.
Therefore, A and C may file as a group, but B and D may not file as a group.
