Union Carbide Corporation and Subsidiaries - Page 20

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               Petitioner's argument regarding the applicability of section            
          6501 to the party in the deficiency position for purposes of                 
          satisfying the Regulation's terms is also unavailing.  While                 
          section 6501 undeniably governs respondent's ability to assess               
          deficiencies, the Regulation expressly ties taxpayers'                       
          redeterminations of FSC expenses to the period of limitations                
          under section 6511.  These are wholly independent matters, which             
          petitioner wrongly conflates.  Accordingly, we disagree with                 
          petitioner's attempt to insert the limitations period of its                 
          choosing in lieu of section 6511 in order to secure the benefits             
          of the Regulation.                                                           
               Lastly, the fact that the Regulation utilizes section 6511              
          as a point of reference, even though any commission expense                  
          redetermination automatically places one of the taxpayers (either            
          the FSC or the related supplier) in a deficiency position, does              
          not effect an absurd or nonsensical result in our judgment.  See             
          Exxon Corp. v. Commissioner, 102 T.C. at 728.  The dual section              
          6511 requirement simply specifies an uncomplicated timeframe                 
          within which the taxpayer seeking an additional deduction must               
          act, nothing more.                                                           
               Based on the above discussion, we hold that the Regulation              
          requires that the period of limitations for claiming refunds                 
          under section 6511 be open for both petitioner and UCFSC in order            
          for petitioner to claim additional FSC commission expenses for               
          the taxable years in issue.                                                  




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