- 49 - deductions definitely related, and therefore allocated and apportioned, thereto, and (b) a ratable part of any other expenses, losses, or other deductions which are not definitely related to a class of gross income, determined in a manner consistent with the rules set forth in * * * [section] 1.861-8, [Income Tax Regs.]. [Sec. 1.994-1(c)(6)(iii), Income Tax Regs.] Interest is among the expenses subject to apportionment under the rules set forth in section 1.861-8, Income Tax Regs. Sec. 1.861- 8(e)(2), Income Tax Regs. The regulation apportions interest “based on the approach that money is fungible and that interest expense is attributable to all activities and property regardless of any specific purpose for incurring an obligation on which interest is paid.” Id. Although the pertinent provisions of section 1.861-8(e)(2), Income Tax Regs., do not specifically provide that the interest expense subject to apportionment is the taxpayer’s interest expense net of interest income, rather than gross interest expense, we concluded in Bowater, Inc. v. Commissioner, 101 T.C. 207 (1993), that a taxpayer’s net interest expense was the appropriate interest expense to be apportioned. We reasoned that the interest expense net of interest income represents a taxpayer’s actual cost of borrowing and noted that interest is assumed to be fungible for purposes of the regulation. Id. at 211, 214-215. Accordingly, we held that, for purposes of the 50 percent of CTI method, a taxpayer may apportion a ratable part of net, rather than gross, interest expense to its qualified export receipts in calculating CTI. Id. at 214-215.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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