H Group Holding, Inc. and Subsidiaries - Page 14




                                       - 103 -                                         

          Thus, petitioners are correct that, under certain circumstances,             
          the cost of providing the services may be treated as the arm’s-              
          length consideration in lieu of the amount that an unrelated                 
          party would charge.  This is permitted where the services are not            
          an integral part of the business of either the renderer or the               
          recipient of the services.  Respondent argues that all of the                
          services provided by HIC were integral to its business.                      
          Conversely, petitioners argue that none of the services were                 
          integral to the business.                                                    
               Section 1.482-2(b)(7)(i) through (iv), Income Tax Regs.,                
          describes situations in which services shall be considered an                
          integral part of the business activity of a member of a group of             
          controlled entities.31                                                       

               31  In pertinent part, the section 1.482-2(b)(7)(i) through             
          (iv), Income Tax Regs. provides:                                             
                    (i) Services are an integral part of the business                  
               activity of a member of a controlled group where either                 
               the renderer or the recipient is engaged in the trade                   
               or business of rendering similar services to one or                     
               more unrelated parties.                                                 
                    (ii) Services are an integral part of the business                 
               activity of a member of a controlled group where the                    
               renderer renders services to one or more related                        
               parties as one of its principal activities.                             
                      *      *      *      *      *     *      *                       
                    (iii) Services are an integral part of the                         
               business activity of a member of a controlled group                     
               where the renderer is peculiarly capable of rendering                   
               the services and such services are a principal element                  
                                                              (continued...)           





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