- 38 -                                         
               The words of the 1984 temporary regulation which make the              
          rules for "deferred intercompany transaction" of section 1.1502-            
          13, Income Tax Regs., applicable to deferral under section 267(f)           
          militate against use of the "binding commitment test" in the                
          controlled group situation.  Pursuant to that regulation, the               
          controlled group relationship is tested immediately after the               
          transaction, not when the binding commitment is entered into.               
          Application of the "binding commitment test" depends on the                 
          controlled group relationship before the transaction and                    
          therefore would conflict with the 1984 temporary regulation.                
               Finally, incorporation of the "binding commitment test" into           
          section 267(f) jurisprudence would also be contrary to the                  
          current regulations.  The final regulations, section 1.267(f)-1,            
          Income Tax Regs., adopt the "immediately after" test of the                 
          consolidated return regulations that respondent contends were not           
          part of the 1984 temporary regulation at issue in this case.                
          Sections 1.267(f)-1(b)(1) and 1.1502-13(b)(1)(i), Income Tax                
          Regs., provide:                                                             
               � 1.267(f)-1.  Controlled groups.--* * *                               
          *    *    *    *    *    *    *                                             
                    (b) Definitions and operating rules.  The definitions             
               in � 1.1502-13(b) and the operating rules of � 1.1502-13(j)            
               apply under this section with appropriate adjustments,                 
               including the following:                                               
                         (1) Intercompany sale.  An intercompany sale is a            
                    sale, exchange, or other transfer of property between             
                    members of a controlled group, if it would be an                  
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