- 20 - Court must determine the proper allocation of items based upon the record. See Eli Lilly & Co. v. Commissioner, supra; Sundstrand Corp. & Subs. v. Commissioner, supra. Accordingly, our task is to examine whether petitioners met the arm's-length standard. That standard is met by an arm's- length charge. Secs. 1.482-1(b), 1.482-2(b)(3), Income Tax Regs. An arm's-length charge is defined as "the amount which was charged or would have been charged for the same or similar services in independent transactions with or between unrelated parties under similar circumstances considering all relevant facts." Sec. 1.482-2(b)(3), Income Tax Regs. Significantly, the regulations do not inquire into or limit the allocation to the taxpayer's actual earnings. As we found in our prior opinion, LTD's actual earnings include amounts which were charged to "related" or favored clients.6 Consequently, as LTD's actual earnings include amounts that are less than arm's-length charges, the arm's-length standard found in the section 482 regulations is not limited by LTD's actual earnings. 6 Moreover, we conclude that, in any case, the record does not establish LTD's "actual earnings" as to the Currency Fund and the FEIM Fund from which to make a comparison. According to the Deloitte workpapers, management fees as to both the Currency Fund and the FEIM Fund were charged by LTD against the funds themselves and were placed in the general category of Management Fees, not in the individual income categories for the Currency Fund and the FEIM Fund. After searching the record, we were unable to ascertain the precise amount of management fees attributable to the Currency Fund and the FEIM Fund.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011