Inverworld, Inc., et al. - Page 19

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          Luxembourg and to include a monthly statement of the client's               
          allocated share of the fund value".                                         
               We first examine petitioners' argument that the section 482            
          allocations lead to the "creation" of income.  We have previously           
          held that Smith-Bridgman & Co. v. Commissioner, 16 T.C. 287                 
          (1951), and its progeny, which enunciated the doctrine that                 
          section 482 and its predecessor may not be used to "create"                 
          income, were vitiated by subsequent regulations issued in 1968.             
          Latham Park Manor, Inc. v. Commissioner, 69 T.C. 199, 215-216               
          (1977)(allocating interest income to two subsidiary corporations            
          that made interest-free loans to their parent corporation, even             
          though the parent corporation produced no income from the loan              
          proceeds during the taxable years), affd. without published                 
          opinion 618 F.2d 100 (4th Cir. 1980).  Accordingly, petitioners'            
          reliance on Smith-Bridgman and similar cases is misplaced.                  
               Moreover, we conclude that petitioners' argument that the              
          inquiry should be limited to the actual amounts of fees or                  
          commissions that LTD itself earned is without merit.  In addition           
          to overcoming respondent's presumption of correctness, under the            
          law applicable to this case, petitioners have the burden of                 
          proving satisfaction of the arm's-length standard.  See Eli Lilly           
          & Co. v. Commissioner, 856 F.2d 855, 860 (7th Cir. 1988), affg.             
          in part and revg. in part 84 T.C. 996 (1985); Sundstrand Corp. &            
          Subs. v. Commissioner, 96 T.C. 226, 354 (1991), affd. 17 F.3d 965           
          (7th Cir. 1994).  If petitioners fail to carry that burden, the             




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