Computervision International Corp. - Page 50

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               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 commission             




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