- 16 - Interest expense is allocated under the regulations to all gross income that the property or activity "could reasonably have been expected to generate." Sec. 1.861-8(e)(2)(ii), Income Tax Regs. Even if not predictable with precision, exchange gains were certainly a reasonable possibility. Furthermore, the regulations specifically contemplate a situation where there will be a deduction even with no corresponding income.7 Next, although exchange gain has traditionally been treated separately from the underlying income from the transaction, Philip Morris Inc. v. Commissioner, 104 T.C. 61, 66 (1995), affd. 71 F.3d 1040 (2d Cir. 1995), we do not see how such separate treatment undermines the validity of respondent's approach. In prorating the assets across two groupings of income, respondent is not challenging the separateness of the income, but is merely attempting a reasonable allocation of interest expense to that income. Furthermore, while the regulations are silent on this particular point, they do provide a foundation for respondent's approach. When a single item of deduction is attributable to two different sources, it must be prorated between them. See supra note 4. When a piece of property produces income attributable to two different sources, the loss on the sale of that property can 7 "Each deduction * * * shall be allocated * * * even though, for the taxable year, no gross income in such class is received or accrued". Sec. 1.861-8(d)(1), Income Tax Regs.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011