Trinova Corporation and Subsidiaries - Page 10

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          transfer of the shares of a subsidiary out of the consolidated              
          group, we rejected respondent's argument that Example (5) was               
          premised on the section 38 assets' remaining in the consolidated            
          group and that there was no intention to observe this condition             
          at the time the plans resulting in the transfer of the section 38           
          assets outside the consolidated group in Walt Disney Inc. were              
          formulated.  In so doing, we stated:                                        
                    Although the example (5) stock sale occurs in the                 
               year following the sale of the property within the                     
               affiliated group, there is nothing in section 1.1502-                  
               3(f)(2)(i) and (3), Income Tax Regs., requiring a                      
               minimum waiting period.  Indeed, as little as a 1-day                  
               wait would be literally consistent with the examples in                
               the regulation:  the sale from S to T in example (1)                   
               could occur on December 31, 1968, and the sale of the                  
               S[T] stock out of the affiliated group in example (5)                  
               could occur on January 1, 1969.  Nor is there any                      
               express requirement that the idea for the stock                        
               transfer arise after the sale of the property within                   
               the affiliated group.  Thus, respondent's contention                   
               that the regulation is premised on the property                        
               remaining in the affiliated group is not apparent from                 
               the regulation itself.  [Walt Disney Inc. v.                           
               Commissioner, 97 T.C. at 228.]                                         
               Based upon this analysis, we held that the regulation                  
          controlled, stating "When the authority to prescribe legislative            
          regulations exists, this Court is not inclined to interfere if              
          the regulations as written support the taxpayer's position."  Id.           
          We adopted this view even though an "unwarranted benefit to the             
          taxpayer" might exist (id. at 229) and restated the position we             
          had taken in Woods Investment Co. v. Commissioner, 85 T.C. 274,             
          281-282 (1985), that if respondent were dissatisfied with the               
          import of a regulation, she should use her broad powers to amend            




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