General Dynamics Corporation and Subsidiaries - Page 26

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          "operative sections".  Sec. 1.861-8(a)(1),(f)(1)(i)-(vi), Income            
          Tax Regs.  Operative sections define the categories of income               
          between which taxpayers must allocate their deductions and gross            
          income.                                                                     
               Section 994 is an operative section wherein income is                  
          grouped into two categories; i.e., income from export sales,                
          referred to as the statutory grouping, and all remaining gross              
          income, referred to as the residual grouping.  St. Jude Medical,            
          Inc. v. Commissioner, 97 T.C. 457, 465 (1991), affd. in part and            
          revd. in part and remanded 34 F.3d 1394 (8th Cir. 1994); sec.               
          1.861-8(f)(1)(iii), Income Tax Regs.  Under section 1.861-8,                
          Income Tax Regs., taxpayers must allocate their deductions to a             
          class of gross income and, then, if necessary to make the                   
          determination required by the operative section, apportion the              
          deductions within the class of gross income between the statutory           
          and residual groupings.  Sec. 1.861-8(a)(2), Income Tax Regs.               
          The apportionment must be accomplished in a manner that reflects            
          to a "reasonably close extent" the factual relationship between             
          the deduction and the income grouping.  Sec. 1.861-8(c)(1),                 
          Income Tax Regs.                                                            
               Similar to the related costs definition in section 1.994-              
          1(c)(6)(iii), Income Tax Regs., section 1.861-8, Income Tax                 
          Regs., requires allocation of deductions to definitely related              
          classes of gross income.  Any deductions that do not definitely             
          relate to a class of gross income are ratably apportioned to all            




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