- 9 - section 367(a) upon a transfer of appreciated property is not greater than the gain that would be recognized on a normal taxable exchange." Id. 51 Fed. Reg. 17937 (May 16, 1986). We also note that the legislative history accompanying amendments to section 367 provides that section 367(a)'s "aim is to prevent the removal of appreciated assets or inventory from U.S. tax jurisdiction prior to their sale". H. Rept. 94-658, at 242 (1975), 1976-3 C.B. (Vol. 2) 695, 934; S. Rept. 94-938, at 264 (1976), 1976-3 C.B. (Vol. 3) 49, 302; see also H. Rept. 98-432 (Part 2), at 59 (1984) (referring to section 367 as "rules governing transfers of appreciated property abroad"); S. Rept. 665, 72d Cong., 1st Sess. 26 (1932), 1939-1 C.B. (Part 2) 496, 515 (stating that the section's purpose was to close the "serious loophole" available to domestic taxpayers transferring abroad property with "large unrealized profits"). CMI-Texas did not transfer appreciated property. On the date of the transfer, the basis of the debt interest was US$1,125,000 (i.e., the amount CMI-Texas paid to Mellon), and, as respondent acknowledges, "Had * * * [CMI-Texas] just exchanged the MPD [debt interest] on the open market, * * * [CMI-Texas] and thus Industrias would have only received US$1,125,000 worth of MXP [pesos]." Thus, a taxable sale of the debt interest would not have resulted in any gain. Accordingly, pursuant to section 367(a) and section 1.367(a)-1T(b)(3)(i), Temporary Income TaxPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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