- 201 - 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 taxablePage: Previous 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 Next
Last modified: May 25, 2011