- 32 - adjustments are necessary to avoid multiple taxation of the same income. Petitioners' argument that the regulations provide for a correlative adjustment "in all circumstances" is without merit. Section 1.482-1(d)(2), Income Tax Regs., provides that the district director, whenever making primary adjustments, "shall also make appropriate correlative adjustments". (Emphasis added.) We believe that the term "appropriate" serves to limit the application of a correlative adjustment so that a correlative adjustment is not made "in all circumstances", but, rather, only when "appropriate". Sec. 1.482-1(d)(2), Income Tax Regs. Additionally, section 1.482-1(d)(1), Income Tax Regs., which addresses all section 482 adjustments (as opposed to section 1.482-1(d)(2), Income Tax Regs., which addresses only primary and correlative adjustments), requires that all adjustments be "appropriate".14 14 Section 1.482-1(d)(1), Income Tax Regs., provides: The method of allocating, apportioning, or distributing income, deductions, credits, and allowances to be used by the district director in any case, including the form of the adjustments and the character and source of amounts allocated, shall be determined with reference to the substance of the particular transactions or arrangements which result in the avoidance of taxes or the failure to clearly reflect income. The appropriate adjustments may take the form of an increase or decrease in gross income, increase or decrease in deductions (including depreciation), increase or decrease in basis of assets (including inventory), or any other adjustment which (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