- 161 - 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 technologyPage: Previous 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 Next
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