- 15 - deduction and the grouping of gross income." Sec. 1.861-8(c)(1), Income Tax Regs. In making our determination, we note that in Occidental Petroleum Corp. v. Commissioner, 55 T.C. 115, 124 (1970), the regulations at issue there, section 1.613-4(a), Income Tax Regs., provided that expenses not directly attributable to specific property were to be "fairly apportioned", and we held for the party whose approach produced a "fairer apportionment". We see little difference between an approach that is "fairer" and one that more closely reflects the "factual relationship" between the income and the expenses. For the reasons hereinafter set forth, we find that respondent's approach to the asset method better reflects the factual relationship involved in this case. Preliminarily, we reject petitioner's argument that the predictability of income is the critical element in the allocation of deductions against it. Even though petitioner cannot always predict AG's foreign exchange income from year to year, AG nonetheless had exchange income in 1986. This is no different from the case of many businesses that do not know, based on the vagaries of the market, whether they will have losses or gains in a given year. In the case of those businesses, they allocate deductions against their income, and if they have no income, they carry over the deductions.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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