- 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
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