Kaps Warehouse, Inc. - Page 12

                                               - 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.                                  
                       * * *                                                                          





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