- 227 - of tax liability by court action. A correlative adjustment is not required to be made until a primary adjustment is made. Sec. 1.482-1(d)(2), Income Tax Regs. As the primary adjustment is not considered to have been made until a final determination of tax liability by court action, a correlative adjustment is also not required to be made until that time. Accordingly, as a final determination of tax liability by court action will not occur until after the issuance of this opinion, the correlative adjustment is not required to be made until after issuance of this opinion. The record, however, contains all facts necessary to decide, at this point, whether LTD is entitled to a correlative adjustment. Petitioners contend that "As a matter of law, if not simple logic, should the * * * [Tax] Court reallocate any amount of LTD’s income to INC, then LTD’s taxable income should be reduced in equal amount." Petitioners cite the correlative adjustment provisions of section 1.482-1(d)(2), Income Tax Regs., as support for the treatment of any section 482 allocation of income to INC as a deduction to LTD. Petitioners note that denying the deduction of the section 482 correlative adjustment to LTD results in taxing the same dollar twice: once in the hands of LTD and once in the hands of INC. Respondent agrees that LTD would ordinarily be entitled to a correlative adjustment equal to the primary adjustment to INC. Respondent notes, however, that deductions are a matter of legislative grace and not a matter of right. Gladstone Co. v.Page: Previous 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 Next
Last modified: May 25, 2011