- 35 - commonly controlled organizations, trades, or businesses if the Commissioner determines that the allocation is necessary to prevent the evasion of taxes or clearly to reflect the income of the controlled entities. The purpose of section 482 is to prevent the artificial shifting of the net incomes of controlled taxpayers by placing controlled taxpayers on a parity with uncontrolled, unrelated taxpayers. See Seagate Tech., Inc. & Consol. Subs. v. Commissioner, 102 T.C. 149, 163 (1994); Sundstrand Corp. & Subs. v. Commissioner, 96 T.C. 226, 352-353 (1991); Bausch & Lomb, Inc. v. Commissioner, 92 T.C. 525, 581 (1989), affd. 933 F.2d 1084 (2d Cir. 1991); Edwards v. Commissioner, 67 T.C. 224, 230 (1976); sec. 1.482-1(b)(1), Income Tax Regs. The Commissioner may make allocations under section 482 even in the absence of tax avoidance motives in order clearly to reflect the respective incomes of members of the controlled group. See Central Cuba Sugar Co. v. Commissioner, 198 F.2d 214, 215-216 (2d Cir. 1952), affg. in part and revg. in part 16 T.C. 882 (1951). Thus, establishment of a business purpose for a transaction does not necessarily insulate the taxpayer from a section 482 allocation. See Bausch & Lomb, Inc. v. Commissioner, supra at 582. The parties have stipulated that Mr. Canelos controlled petitioner and the Canelos growers within the meaning of section 1.482-1(a)(3) through (5), Income Tax Regs. Accordingly, aPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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