CMI International, Inc., a Michigan Corporation - Page 9




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          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 Tax               





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