113 T.C. No. 22 UNITED STATES TAX COURT UNIONBANCAL CORPORATION, F.K.A. UNION BANK, SUCCESSOR IN INTEREST TO STANDARD CHARTERED HOLDINGS, INC. AND INCLUDABLE SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 11364-97. Filed October 22, 1999. In 1984, P was part of a controlled group of corporations. On its 1984 Federal income tax return, P reported an $11.6 million loss resulting from P’s sale of a loan portfolio to its United Kingdom parent corporation, SC-UK. United States and United Kingdom competent authorities subsequently determined that the actual loss was $87.9 million. Pursuant to a settlement agreement for the 1984 taxable year, R allowed P to deduct $2.3 million of the loss on its 1984 return. The remaining loss was deferred pursuant to sec. 267(f), I.R.C. R determined that under sec. 1.267(f)-1T(c)(6), Temporary Income Tax Regs., 49 Fed. Reg. 46998 (Nov. 30, 1984), P was not entitled to deduct the deferred loss in 1988 when it left the controlled group before the loan portfolio had been disposed of outside the controlled group. Instead, R determined that under sec. 1.267(f)-1T(c)(7), Temporary Income Tax Regs., supra, SC-UK’s basis in the loanPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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