DHL Corporation and Subsidiaries - Page 78

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          financial need.  The purpose of the above-quoted regulation,                
          however, is to keep the Commissioner from missing or selectively            
          choosing only those allocations that would increase a taxpayer’s            
          income.                                                                     
               A procedural point also has surfaced concerning the setoff             
          question.  Section 1.482-1(d)(3), Income Tax Regs., provides for            
          taxpayers to give notice to the district director as to the basis           
          of claimed setoffs within 30 days of an examination report that             
          notifies the taxpayer of proposed adjustments.  One stated                  
          purpose for this provision is to allow the examining agent                  
          sufficient time to correct erroneous allocations.  See Rev. Proc.           
          70-8, 1970-1 C.B. 434.  Clearly, the notice requirement, in the             
          context of the pre-statutory-notice period, is to facilitate                
          complete or thorough determinations.                                        
               Respondent, however, did not provide petitioners with an               
          examination report before the issuance of the notices of                    
          deficiency.  Accordingly, petitioners could not give notice of              
          setoffs to the district director within 30 days of an examination           
          report.  In this situation, petitioners argue that section 1.482-           
          1(d)(3), Income Tax Regs., has no application.  Petitioners did             
          provide notice of claimed setoffs after respondent issued the               
          deficiency notices.                                                         
               Respondent, without commenting on the regulatory                       
          requirement, complained that petitioners waited until the last              
          possible moment to raise the issue of valuation of the technology           




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