- 15 - limits the restricted consent to the failure to qualify for the profit-split method election and that respondent's alternative adjustment (seeking the recalculation of the combined taxable income) presumes the allowance of the profit-split method in the first place. We agree with petitioner. The plain language of the restricted consent herein limits the extension of the limitations period to the proposed disallowance of the profit-split method election. See Ferguson v. Commissioner, T.C. Memo. 1992-451. Respondent seeks a different interpretation because the restricted consent refers to the "use" of the profit- split method rather than the "election" of the profit-split method. While in some circumstances the word "use" might lead to the meaning ascribed to it by respondent, we believe that in the instant case the parties intended the word to mean "election". Our reasons for this conclusion follow. First, we consider the circumstances in which the restricted consent was executed. Although respondent had issued six IDR's seeking information on how petitioner and MS-Puerto Rico calculated the combined taxable income, neither the NOPA (and the accompanying McDonell report) nor the 30-day letter (and the accompanying RAR) make any reference to the recalculation of the affiliated group's 5(...continued) because we find other grounds for denying respondent's attempt to recalculate the combined taxable income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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