- 32 - shall not apply to restore that deferred loss and that loss shall never be restored to the selling member. (7) Basis adjustment and holding period. If paragraph (c)(6) of this section precludes a restoration for property, then the following rules apply: (i) On the date the selling member ceases to be a member, the owning member's basis in the property shall be increased by the amount of the selling member's unrestored deferred loss at the time it ceased to be a member ("increase amount"). [Emphasis added.] The 1984 temporary regulation does not explicitly contain a definition of what constitutes a sale between members of a controlled group. However, it does generally incorporate section 1.1502-13, Income Tax Regs., of the consolidated return regulations that deal with "deferred intercompany transactions". These regulations are said to apply, except as otherwise provided in the 1984 temporary regulation. No express provision can be found in the 1984 temporary regulation that defines the scope of transactions covered other than the reference to deferred "intercompany transactions". The term "intercompany transactions" is not itself defined in the 1984 temporary regulation. However, section 1.1502-13, Income Tax Regs., which is referred to and made applicable by the 1984 temporary 27(...continued) when either the selling member or the member which owns the property ceases to be a member of the group;Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011