- 98 - which has substantial value independent of the services of any individual. Section 1.482-1(i)(5), Income Tax Regs., defines a controlled taxpayer as follows: (5) Controlled taxpayer means any one of two or more taxpayers owned or controlled directly or indirectly by the same interests, and includes the taxpayer that owns or controls the other taxpayers. * * * In determining the true taxable income of a controlled taxpayer, the standard to be applied in every case is that of a taxpayer dealing at arm’s length with an uncontrolled taxpayer. Sec. 1.482-1(b), Income Tax Regs. The “arm’s-length” test commonly associated with section 482 is equally applicable in ascertaining the “ordinary and necessary” character of a payment to a related party that is deducted under section 162(a). R.T. French Co. v. Commissioner, 60 T.C. 836, 849 (1973). A controlled transaction meets the arm’s-length standard if the results of the transaction are consistent with the results that would have been realized if uncontrolled taxpayers had engaged in the same transaction under the same circumstances (arm’s-length result). Sec. 1.482-1(b), Income Tax Regs. Petitioners argue that the "White Paper", "A Study of Intercompany Pricing Under Section 482 of the Code," I.R.S. Notice 88-123, 1988-2 C.B. 458, referred to legislative rejection of R.T. French Co. The White Paper addressed only the view that a long-term fixed rate royalty agreement could not be adjusted under section 482 based on actual events. Notice 88-123, 1988-2Page: Previous 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Next
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