- 10 - generate, have generated, or could reasonably have been expected to generate." Sec. 1.861-8(e)(2)(ii), Income Tax Regs.3 Interest deductions are apportioned on the basis of values of assets which produce income in such groupings, according to the "asset method" set out in section 1.861-8(e)(2)(v), Income Tax Regs. The use of the asset method requires the taxpayer to place its assets in either the statutory or residual grouping, according to the type of income the assets produce. The asset values are determined by an average of the asset values at the beginning and the end of the year. Sec. 1.861-8(e)(2)(v), Income Tax Regs. On the basis of the ratio of asset values, the taxpayer apportions the deductions to those two groupings. Id.; see sec. 1.861-8(g), Examples (1) and (2), Income Tax Regs.4 3 There are certain exceptions to this broad rule that do not apply here. Sec. 1.861-8(e)(2)(iii) and (iv), Income Tax Regs. In addition, a taxpayer may elect to apportion interest expense according to gross income. Sec. 1.861-8(e)(2)(vi), Income Tax Regs. Because petitioner did not so elect and neither party contends that the gross income method should be used, we do not discuss the rules for its application. 4 Sec. 1.861-8(g), Income Tax Regs., provides: Example (1)--Interest--(i) * * * [X has $150,000 of interest expense.] Tentative apportionment on the basis of assets * * * Assets * * * that generate U.S.-source income * * * ..................$3,200,000 Assets * * * that generate foreign-source income * * * ............... 800,000 Total...................................... 4,000,000 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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