- 202 - income; i.e., the taxable income (or item or element affecting taxable income) that would have resulted to such taxpayer in an arm’s-length transaction. See Altama Delta Corp. v. Commissioner, 104 T.C. 424, 456 (1995); Seagate Tech., Inc. & Consol. Subs. v. Commissioner, supra at 164; Sundstrand Corp. v. Commissioner, 96 T.C. 226, 353 (1991), affd. 17 F.3d 965 (7th Cir. 1994). Once the true taxable income of each controlled taxpayer is determined, the Commissioner may distribute, apportion, or allocate gross income, deductions, credits, or allowances, or any item or element affecting taxable income, so that each controlled taxpayer, after such an allocation, reports its own true taxable income. The Commissioner's determination as set forth in a notice of deficiency is presumptively correct. The taxpayer has the burden of proof. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Moreover, absent a showing of abuse of discretion by the Commissioner, the Commissioner's section 482 determination must be sustained. Bausch & Lomb, Inc. v. Commissioner, 92 T.C. 525, 582 (1989), affd. 933 F.2d 1084 (2d Cir. 1991). To succeed, therefore, a taxpayer first must show that the Commissioner's section 482 reallocations are arbitrary, capricious, or unreasonable. Sundstrand Corp. v. Commissioner, supra; Eli Lilly & Co. v. Commissioner, 84 T.C. 996, 1131 (1985), affd. in part, revd. in part and remanded 856 F.2d 855 (7th Cir. 1988). InPage: Previous 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 Next
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