GAC Produce Co., Inc., An Arizona Corporation - Page 36




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         reallocation of income between petitioner and the Canelos growers             
         is appropriate if the compensation paid to petitioner relating to             
         its services for the related entities does not clearly reflect                
         the true taxable income of the members of the controlled group.               
         See Commissioner v. First Sec. Bank, N.A., 405 U.S. 394, 400                  
         (1972); Hospital Corp. of Am. v. Commissioner, 81 T.C. 520, 594               
         (1983).                                                                       
              The regulations set forth an arm's-length standard to                    
         determine whether reallocations between controlled entities are               
         needed.  Thus, the regulations attempt to identify the "true                  
         taxable income" of each entity on the basis of the taxable income             
         which would have resulted had the entities been uncontrolled                  
         parties dealing at arm's length.  See sec. 1.482-1(b)(1), Income              
         Tax Regs.                                                                     
              Respondent's determination as set forth in the notice of                 
         deficiency is presumptively correct, and petitioner bears the                 
         burden of disproving that determination.  See Rule 142(a); Welch              
         v. Helvering, 290 U.S. 111 (1933).  Moreover, respondent's                    
         section 482 determination must be sustained absent a showing that             
         he has abused his discretion.  See Paccar, Inc. & Subs. v.                    
         Commissioner, 85 T.C. 754, 787 (1985), affd. 849 F.2d 393 (9th                
         Cir. 1988).  To succeed, therefore, petitioner first must show                
         that respondent's section 482 allocations are arbitrary,                      
         capricious, or unreasonable.  See G.D. Searle & Co. v.                        





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