- 36 - immediately after the one providing the conditions under which a correlative adjustment "shall actually be made". In that context, the language merely describes the steps to be taken when an appropriate correlative adjustment is "actually" being made. Accordingly, we conclude that the phrase "shall decrease the income of the other member" only applies when the district director, after deciding that a correlative adjustment is appropriate under the circumstances, "actually" makes the correlative adjustment; such language does not mandate that the district director, when increasing the income of one member of the group, must always decrease the income of the other member. As we held supra and in our prior opinion that LTD is not entitled to deduct the section 482 allocations of income to INC as additional compensation expenses because LTD failed to file timely, true, and accurate returns pursuant to section 882(c)(2), we conclude that correlative adjustments are not appropriate under the circumstances of the instant case. In our prior opinion, we addressed petitioners' argument regarding double taxation and distinguished Collins Elec. Co. v. Commissioner, 67 T.C. 911 (1977). Accordingly, we do not reconsider our holding that LTD is not entitled to correlative adjustments pursuant to section 1.482-1(d)(2), Income Tax Regs., for the taxable years in issue.Page: 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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