Inverworld, Inc., et al. - Page 122

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            placing controlled taxpayers on a parity with uncontrolled,                                   
            unrelated taxpayers.  Seagate Technology, Inc. & Consol. Subs. v.                             
            Commissioner, 102 T.C. 149, 163 (1994), and the cases cited                                   
            therein.                                                                                      
                  The regulations promulgated pursuant to section 482 provide:                            
                  The interests controlling a group of controlled                                         
                  taxpayers are assumed to have complete power to cause                                   
                  each controlled taxpayer so to conduct its affairs that                                 
                  its transactions and accounting records truly reflect                                   
                  the taxable income from the property and business of                                    
                  each of the controlled taxpayers.  If however, this has                                 
                  not been done, and the taxable incomes are thereby                                      
                  understated, the district director shall intervene,                                     
                  and, by making such distributions, apportionments, or                                   
                  allocations as he may deem necessary of gross income,                                   
                  deductions, credits, or allowances, or of any item or                                   
                  element affecting taxable income, between or among the                                  
                  controlled taxpayers constituting the group, shall                                      
                  determine the true taxable income of each controlled                                    
                  taxpayer.        * * *  [Sec. 1.482-1(b)(1), Income Tax                                 
                  Regs.]                                                                                  
            The term "true taxable income" means,                                                         
                  in the case of a controlled taxpayer, the taxable                                       
                  income (or, as the case may be, any item or element                                     
                  affecting taxable income) which would have resulted to                                  
                  the controlled taxpayer, had it in the conduct of its                                   
                  affairs (or, as the case may be, in the particular                                      
                  contract, transaction, arrangement, or other act) dealt                                 
                  with the other member or members of the group at arm’s                                  
                  length.  * * *  [Sec. 1.482-1(a)(6), Income Tax Regs.]                                  
                  The true taxable income of the group as a whole, as well as                             
            its individual members, must be accurately determined.  See                                   
            Schering Corp. & Subs. v. Commissioner, 69 T.C. 579, 600 (1978),                              
            and the case cited therein.  Accordingly, each controlled                                     
            taxpayer will be examined independently to determine whether each                             
            such individual taxpayer is reporting its own true taxable                                    





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