- 12 - Inc. & Subs. v. Commissioner, 849 F.2d 393 (9th Cir. 1988), affg. 85 T.C. 754, 785 (1985); Altama Delta Corp. v. Commissioner, 104 T.C. 424, 456 (1995); Seagate Tech., Inc. & Consol. Subs. v. Commissioner, 102 T.C. 149, 163 (1994); Sundstrand Corp. & Subs. v. Commissioner, 96 T.C. 226, 352-353 (1991); Inverworld, Inc. v. Commissioner, T.C. Memo. 1996-301, supplemented by T.C. Memo. 1997- 226. Section 482 is designed to prevent artificial distortion of the true net incomes of commonly controlled entities. As this Court has stated: In order to prevent the artificial shifting of income from one related business to another, section 482 places a controlled taxpayer on a parity with an uncontrolled taxpayer, by determining according to the standard of an uncontrolled taxpayer, the true net income of a controlled taxpayer. Thus, income which has been artificially diverted to one member of a controlled group but which in fact was earned by another member of the group may be "allocated" by the Commissioner under section 482 * * * [to] the entity which really earned it. * * * [Citations omitted.] Huber Homes, Inc. v. Commissioner, 55 T.C. 598, 605 (1971); see also sec. 1.482-1(b)(1), Income Tax Regs. An arm's-length standard is used to determine whether reallocations between controlled entities are necessary. The 2(...continued) distribution, apportionment, or allocation is necessary in order to prevent evasion of taxes or clearly to reflect the income of any of such organizations, trades, or businesses. * * *Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011