- 32 - Commissioner, 67 T.C. 224, 230 (1976); sec. 1.482-1(b)(1), Income Tax Regs. The Commissioner's authority to make allocations under section 482 is broad. Edwards v. Commissioner, supra at 230; PPG Indus., Inc. v. Commissioner, 55 T.C. 928, 990-991 (1970). The Commissioner's section 482 determination must be sustained absent a showing that he has abused his discretion. Paccar, Inc. v. Commissioner, 85 T.C. 754, 787 (1985), affd. 849 F.2d 393 (9th Cir. 1988). Consequently, the taxpayer bears the heavier than normal burden of proving that the Commissioner's section 482 allocations are arbitrary, capricious, or unreasonable.7 Your Host, Inc. v. Commissioner, 489 F.2d 957, 960 (2d Cir. 1973), affg. 58 T.C. 10, 23 (1972); Seagate Tech., Inc. & Consol. Subs. v. Commissioner, supra at 164; G.D. Searle & Co. v. Commissioner, 88 T.C. 252, 359 (1987). Whether the Commissioner's discretion has been exceeded is a question of fact. American Terrazzo Strip Co., Inc. v. Commissioner, 56 T.C. 961, 971 (1971). In reviewing the reasonableness of the Commissioner's allocation under section 482, we focus on the reasonableness of the result, not the details of the 7 In the instant case, petitioners thus bear the burden of proving that respondent's downward adjustment of the royalty rate, pursuant to sec. 482, to 5 percent in the notices of deficiency is arbitrary, capricious, or unreasonable. Because respondent amended his answers to assert that the appropriate royalty rate, pursuant to sec. 482, should be 0 percent, the burden of proving that the royalty rate should be adjusted below 5 percent rests with respondent. Rule 142(a); see also supra note 2.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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