- 31 - In connection with the resolution of the "step 1 controversy", we also address the validity and effect of petitioner's attempted retroactive liability election under section 1.884-1(e)(3), Income Tax Regs. Section 1.884-1(e)(3), Income Tax Regs., provides an election under which a foreign corporation may reduce its U.S.-connected liabilities. The effect of the election is to decrease the amount of interest expense allocated to ECI and, consequently, decrease the amount of excess interest.18 On its original returns, petitioner computed the interest allocable to ECI based on all assets, including the Ginter and Gomes properties, as "step 1 assets". In step 2, petitioner's U.S.-connected liabilities were reported as equal to its worldwide liabilities. Finally, in step 3, petitioner treated all of its worldwide liabilities, including the advances from its parent and another related corporation, as shown on the books of its U.S. trade or business. On the original returns, 18 Sec. 1.884-1(e)(3), Income Tax Regs., containing the election for reducing the amount of excess interest, was promulgated in 1992, after the years in issue but before petitioner filed amended returns for those years. The temporary regulations under sec. 884 that existed during the years in issue did not provide for a similar election. Respondent does not argue that petitioner should not be permitted to retroactively apply the regulatory election to the years in issue. Treating this as a concession by respondent for purposes of this case, we do not make any decision regarding the validity of retroactive application of the sec. 1.884-4(e), Income Tax Regs., election to years prior to the year in which the regulation was promulgated.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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