- 50 - Petitioners contend, and we agree, that CV and CVI are entitled to apply the holding of Bowater, Inc. v. Commissioner, supra, in calculating their CTI. Respondent, contending that Bowater was wrongly decided, urges us to reverse it and hold that gross, rather than net, interest expense must be apportioned in computing CTI. We have considered respondent’s arguments, but decline to overrule our prior case. See Coca Cola Co. & Subs. v. Commissioner, 106 T.C. __ (1996). Respondent further argues that a nexus is required between the interest income and expense to be netted. We do not, however, read the cases that have allowed netting of interest income against interest expense for purposes of calculating the interest expense subject to apportionment to require a nexus between the income and expense, although such a nexus often may exist. Nor do we consider such a requirement to be consistent with the approach of section 1.861-8(e)(2), Income Tax Regs., or of Bowater, Inc. v. Commissioner, supra, which both consider interest to be fungible for purposes of apportionment. We, therefore, reject respondent’s argument and hold for petitioners on this issue. Coca Cola Co. & Subs. v. Commissioner, supra. Accordingly, although in their returns with respect to CVI’s taxable years in question, petitioners computed the commission payable to CVI under the 50 percent of CTI method using gross interest expense, they are entitled, pursuant to the authority of Bowater, Inc. v. Commissioner, supra, to compute the commissionPage: 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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