Inverworld, Inc., et al. - Page 31

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          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.                                           




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