- 20 - as an agreement to treat this deduction in the same fashion as interest expense. We have some doubt whether the Swiss capital tax would generally qualify as interest for purposes of section 1.861-8(e)(2), Income Tax Regs. However, the factual foundation for determination may be a critical element in resolving such issue. Such being the case, we accept the agreement of the parties for purposes of the case. Accordingly, this item should be allocated in the same manner as we have concluded is proper for interest expense. Exchange Loss The parties treat the deductions for exchange loss differently. Respondent would put the deductions in a catch-all category, and would apportion these losses all at once, ratably across all income. Petitioner would deal with each item individually, based on the nature of the underlying expense. We think petitioner has the better approach. The most accurate way to treat the deductions in question, in keeping with the mandate that allocations be made "on the basis of the factual 10(...continued) the Swiss capital tax does not relate to any one class of income, and thus should be allocated ratably to all AG's gross income. However, respondent thereafter on brief continues to argue that the asset method should be used to apportion the expense in accordance with the stipulation of the parties.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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