- 11 - class of gross income to which the property ordinarily gives rise in the hands of the taxpayer. Respondent argues that petitioner's investment in Paty would ordinarily give rise to foreign source dividend income, and, therefore, petitioner's loss on the disposition of its Paty stock constitutes a foreign source loss. See Black & Decker Corp. v. Commissioner, T.C. Memo. 1991-557, affd. 986 F.2d 60 (4th Cir. 1993). Respondent argues that the fact that petitioner never actually received any dividends from Paty is irrelevant to the determination of the class of gross income to which the Paty stock loss is allocable, since this determination is based on an objective consideration of the facts and circumstances. See id. Respondent's reliance upon sections 861 and 862 to justify application of section 1.861-8(e)(7), Income Tax Regs., is misplaced, as these sections are inapplicable in the instant case. The Tax Reform Act of 1986 amended these sections to eliminate their applicability to the sale of noninventory personal property. See Tax Reform Act of 1986, sec. 1211(b)(1)(B) and (C), 100 Stat. 2536. The impact of these changes becomes evident when current section 861(a) is read in the context of section 861(b), which provides: "From the items of gross income specified in subsection (a) as being income from sources within the United States there shall be deducted the expenses, losses, and other deductions properly apportioned or allocated thereto". Following its amendment in the Tax ReformPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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