Section 23361 Of Article 9. Affiliated Railroads 23361-23364a From California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 2. >> Article 9.
23361
. "Affiliated group" means one or more chains of corporations
connected through stock ownership with a common parent corporation if
during the period when the income was accrued or realized and on the
16th day of the first month after the close of the taxable year--
(a) At least 80 percent of the stock of each of the corporations,
except the common parent corporation, is owned directly by one or
more of the other corporations; and
(b) The common parent corporation owns directly at least 80
percent of the stock of at least one of the other corporations; and
(c) Each of the corporations except the common parent corporation
is either (1) a corporation whose principal business is that of a
common carrier by railroad or (2) a corporation the assets of which
consist principally of stock in such corporations and which does not
itself operate a business other than that of a common carrier by
railroad. For the purpose of determining whether the principal
business of a corporation is that of a common carrier by railroad, if
a common carrier by railroad has leased its railroad properties and
such properties are operated as such by another common carrier by
railroad, the business of receiving rents for such railroad
properties shall be considered as the business of a common carrier by
railroad.
The provisions of this section shall not preclude the application
of Chapter 17 (commencing with Section 25101) of this part.
Except in paragraph (c), "stock" does not include nonvoting stock
which is limited and preferred as to dividends.