General Motors Corporation and Subsidiaries - Page 50




                                        - 50 -                                         

          retail/fleet customers was not the corresponding item of income              
          to the rate support deductions; and (3) the discount income was              
          not earned in intercompany transactions.                                     
               A.  The Matching Rule                                                   
               As stated earlier, section 1.1502-13(b)(2), Income Tax                  
          Regs., provided in part:                                                     
                    (2) Special rule.  If, in an intercompany                          
               transaction (other than a deferred intercompany                         
               transaction), one member would otherwise properly                       
               [take] an item of income or a deduction into account                    
               for a consolidated return year earlier than the year                    
               (whether consolidated or separate) for which another                    
               member of the group can properly take into account the                  
               corresponding item of income or deduction, then both                    
               the item of income and the deduction shall be taken                     
               into account for the later year (whether consolidated                   
               or separate).  * * *                                                    
               In 1995, section 1.1502-13, Income Tax Regs., was amended to            
          state the following:  "An item is a corresponding item whether it            
          is directly or indirectly from an intercompany transaction."29               
          Sec. 1.1502-13(b)(3)(i), Income Tax Regs., as amended; T.D. 8597,            
          1995-2 C.B. at 164.                                                          







               29  The 1995 amendments are effective as of July 18, 1995,              
          and apply to transactions occurring in years beginning on or                 
          after July 12, 1995.  See T.D. 8597, 1995-2 C.B. 147, 185; sec.              
          1.1502-13(l)(1), Income Tax Regs., as amended.  The 1995                     
          amendments, therefore, are not before the Court.                             





Page:  Previous  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  Next

Last modified: May 25, 2011