- 34 - adjustment "shall actually be made" and the district director "shall decrease the income of the other member". We believe that petitioners' argument fails to appreciate the procedure regarding correlative adjustments set forth in the regulations. Accordingly, we believe that it would be helpful to expand upon what we stated in our prior opinion. Section 1.482-1(d)(2), Income Tax Regs., provides that, in the event that an appropriate correlative adjustment is made by the district director, it shall be treated in one of two alternative ways: The correlative adjustment either (1) shall actually be made or (2) shall be deemed to have been made. The proper treatment of a correlative adjustment, if one is made by the district director, depends on whether or not the U.S. income tax liability of the "other member" of the group of controlled taxpayers involved in the allocation (i.e., the taxpayer entitled to receive an appropriate correlative adjustment) would be affected for any pending taxable year. The regulations provide that, in the event that an appropriate correlative adjustment is made by the district director, if the U.S. income tax liability of the other member would be affected for any pending taxable year, "The correlative adjustment shall actually be made." Sec. 1.482-1(d)(2), Income Tax Regs. Alternatively, the regulations provide that, in the event that an appropriate correlative adjustment is made by the district director, if the U.S. income tax liability of the otherPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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