- 15 - (namely, Stanford Financial), which relationship, respondent argues, is expressly excluded from the definition of a qualified chain. Petitioners' argument that Guardian Bank and Guardian Services qualify under the chain benefit rule of section 952(c)(1)(C) turns largely on one word in section 952(c)(1)(C)(ii). As indicated above, the cited statutory language makes reference to "the" common parent, and petitioners argue that the language "the" common parent should be construed to mean "the U.S. shareholders", not the foreign parent corporation (namely, not Stanford Financial). Petitioners also rely on Treasury regulations applicable to the prior version of section 952, and thus applicable through the end of 1986, that have never been declared obsolete and that permitted the use of deficits in the earnings and profits of CFC's to reduce subpart F income of sister CFC's. We believe the statutory language to be clear. In the instant case, Guardian Bank and Guardian Services are related to each other as brother/sister corporations only through Stanford Financial, the common parent. Consequently, Guardian Services does not constitute a "qualified chain member" with respect to Guardian Bank, and petitioners are not permitted to use deficits in earnings and profits of Guardian Services to reduce subpart F income of Guardian Bank.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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