- 30 - Income Tax Regs., 44 Fed. Reg. 36074 (June 20, 1979). However, this standard was dropped by the final regulations issued in 1983 and replaced with a “predominant character” test. The use of the “predominant character” and “effectively compensates” tests in section 1.901-2(b)(4), Income Tax Regs., is a change from the history and purpose approach used in the cases decided before the 1983 regulations applied a factual, quantitative approach. This change to a quantitative approach is also made by the provision of the 1983 regulations which provides that the predominant character of a foreign tax is that of an income tax in the U.S. sense, if, among other things, the foreign tax “is likely to reach net gain in the normal circumstances in which it applies”. Sec. 1.901-2(a)(3)(i), Income Tax Regs. We have considered the parties’ use of industry data in this case. See par. C-1, supra p. 21. The record contains broadly representative data which shows that the OMT processing allowance effectively compensates for the disallowed deductions. See par. C-3 and 4, supra pp. 22, 24. The U.S. Court of Claims in Inland Steel Co. v. United States, 230 Ct. Cl. 314, 677 F.2d 72 (1982), did not have industry-wide data to consider, and the Secretary had not yet promulgated regulations using a quantitative approach. The court in Inland Steel did not discuss the relationship between nonrecoverable expenses and the OMT processing allowance. Based on the Parsons OMT Report, Caland'sPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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