- 30 - the taxable years in issue. As discussed in our prior opinion, LTD earned income by retaining the difference between the interest that it obtained on client investments and the interest that it credited to client accounts,12 which we characterized as compensation for services. LTD received such service income in addition to the management fee or commission that it charged its clients for a particular investment. In sum, we do not reconsider any of the section 482 allocations of income to INC, which, as to LTD, take the form of additional compensation expenses. E. Section 482 Correlative Adjustments Petitioners' motion requests that we reconsider our holding in our prior opinion that LTD is not entitled to a correlative adjustment, pursuant to section 1.482-1(d)(2), Income Tax Regs.,13 once a primary adjustment is made to INC's income. 12 As we found in our prior opinion, during 1986, the discretionary authorization signed by each LTD client was changed to include the provision that The rate of return credited to the Client's account may not reflect directly the rate of return earned by specific investments; the Client's rate of return may be net of expenses or may reflect the fact that * * * [LTD] may retain the benefit of special rates attributable to the volume of investments controlled by * * * [LTD]. 13 Section 1.482-1(d)(2), Income Tax Regs., provides: Whenever the district director makes adjustments to the income of one member of a group of controlled taxpayers (such adjustments being referred to in this (continued...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011