June Cordes, et al. - Page 26




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               Section 48228 gives the Commissioner authority to reallocate           
          income and deductions among certain related taxpayers.                      
          Respondent’s determination under section 482 is presumptively               
          correct, and the burden of disproving that determination lies               
          with petitioners.  Dolese v. Commissioner, 811 F.2d 543, 546                
          (10th Cir. 1987), affg. 82 T.C. 830 (1984).                                 
               The purpose of section 482 is to place a controlled taxpayer           
          on a tax parity with an uncontrolled and unrelated taxpayer by              
          determining the true taxable income of the controlled taxpayer              
          using the standard of an uncontrolled taxpayer dealing at arm’s             
          length with another uncontrolled taxpayer.  Ciba-Geigy Corp. v.             
          Commissioner, 85 T.C. 172, 221 (1985); Huber Homes, Inc. v.                 
          Commissioner, 55 T.C. 598, 605 (1971); sec. 1.482-1(a)(1) and               
          (b)(1), Income Tax Regs.  An interest rate satisfies the arm’s-             
          length standard under section 482 if it is a rate that was                  
          actually charged, or would have been charged, at the time the               
          indebtedness arose, in independent transactions with or between             





               28SEC. 482. ALLOCATION OF INCOME AND DEDUCTIONS AMONG                  
                        TAXPAYERS.                                                   
                    In any case of two or more organizations * * *                    
               owned or controlled directly or indirectly by the same                 
               interests, the Secretary may * * * allocate gross                      
               income, deductions, credits, or allowances between or                  
               among such organizations * * * if he determines that                   
               such * * * allocation is necessary in order * * *                      
               clearly to reflect the income of any of such                           
               organizations * * *                                                    




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