- 47 - years.11 Computation of DISC Commission The next issue that we consider is whether, in computing the commission due CVI from CV for CVI’s taxable years ending January 31, 1983 and 1984, and December 31, 1984,12 using the 50 percent of CTI method provided by section 994(a)(2) and (b), CV and CVI are entitled to apportion net, rather than gross, interest expense among their respective product lines.13 If net interest expense is apportioned, the combined taxable income (CTI) of CV and CVI will rise, increasing the commission payable to CVI and therefore the amount of income on which tax is deferred under the DISC provisions. 11 Our holding renders it unnecessary to address respondent's determinations that, in the event CVI does not qualify as a DISC during its relevant taxable years, the commission income CVI received from CV for those years should be reallocated to CV under sec. 482, or, in the alternative, that CVI is taxable on its income for those years. 12 We note that CVI’s status as a DISC is not in dispute for its taxable year ending Dec. 31, 1984. 13 The parties agree that, in the event we hold, as we have, that CVI qualifies as a DISC for its relevant taxable years, that the computation of the amount of commissions payable to CVI for those years and the amount of CV’s deduction for those commissions is governed by our decision in Computervision Corp. v. Commissioner, 96 T.C. 652 (1991). The parties also agree that a reduction of $876,993 is necessary in the adjustment reflecting our holding in Computervision Corp. v. Commissioner, supra, that respondent made in CV's deduction for DISC commissions payable to CVI for CVI’s taxable year ending Dec. 31, 1984. Their agreement is to be taken into account in the Rule 155 computation we order below.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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