- 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 anPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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