- 31 - Petitioners contend that the regulations provide that, if primary adjustments are made to the income of one member of the group, correlative adjustments shall be made to the other member "in all circumstances", subject to the pending year requirement. Additionally, petitioners argue that the regulations absolutely mandate that, when the income of one member of the group is increased, the correlative adjustment "shall actually be made" and the district director "shall decrease the income of the other member". Finally, citing Collins Elec. Co. v. Commissioner, 67 T.C. 911, 923-924 (1977), petitioners argue that correlative 13(...continued) paragraph as "primary" adjustments) he shall also make appropriate correlative adjustments to the income of any other member of the group involved in the allocation. The correlative adjustment shall actually be made if the United States income tax liability of the other member would be affected for any pending taxable year. Thus, if the district director makes an allocation of income, he shall not only increase the income of one member of the group, but shall decrease the income of the other member if such adjustment would have an effect on the United States income tax liability of the other member for any pending taxable year. * * * If a correlative adjustment is not actually made because it would have no effect on the United States income tax liability of the other member involved in the allocation for any pending taxable year, such adjustment shall nevertheless be deemed to have been made for the purpose of determining the United States income tax liability of such member for a later taxable year, or for the purposes of determining the United States income tax liability of any person for any taxable year. The district director shall furnish to the taxpayer with respect to which the primary adjustment is made a written statement of the amount and nature of the correlative adjustment which is deemed to have been made.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