- 13 - groupings according to asset values.5 Petitioner apportioned all of AG's assets to the statutory grouping, because they all normally produce subpart F income. It apportioned none of AG's loan assets to the residual grouping, because, although they sometimes produce non-subpart F income (in this case, foreign exchange gain), it is impossible to predict whether there will be gain or loss, based on the nature of foreign exchange rates. According to petitioner, the loan assets do not normally produce such gain. Petitioner thus allocated the entire interest deduction, in the amount of $1,498,562, to gross subpart F income. Respondent disagrees with petitioner's application of the asset method. While she agrees that the non-loan assets should all be apportioned to the subpart F grouping, she reasons that the loan assets should be apportioned in some manner between the statutory and residual groupings, because they actually produced both subpart F and non-subpart F income. Respondent applies the asset method by: (1) apportioning the non-loan assets all to the 5 The asset values are determined by an average of the asset values at the beginning and the end of the year, unless this method produces a "substantial distortion" of the asset values. Sec. 1.861-8(e)(2)(v), Income Tax Regs. Petitioner has computed an average value for AG's assets based on monthly averages, which differs by 0.6 percent from respondent's computation that follows the exact wording of the regulations. We find that 0.6 percent is not a substantial distortion, and thus find respondent's computation of AG's average asset values, which we set forth above, to be correct.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011