- 36 - 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.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: May 25, 2011