- 2 - portfolio was increased by the amount of the deferred loss. The United Kingdom has declined to allow SC-UK a stepped-up basis in the loan portfolio. In 1995, R replaced the temporary regulations under sec. 267(f), I.R.C., with final regulations, effective prospectively. The final regulations operate to restore a deferred loss under sec. 267(f), I.R.C., to the seller when it leaves the controlled group, even if the loss property has not been disposed of outside the controlled group. R denied P’s request for elective retroactive application of the final regulations. Held: Sec. 1.267(f)-1T(c)(6), Temporary Income Tax Regs., supra, is valid. P is not entitled to deduct the $85.6 million loss deferred under sec. 267(f), I.R.C. Held: Sec. 1.267(f)-1T(c)(6), Temporary Income Tax Regs., supra, does not violate Article 24, paragraph (5) of the United States-United Kingdom Income Tax Treaty, Dec. 31, 1975, 31 U.S.T. 5668. Held: R's refusal to allow P to elect retroactive application of the 1995 final regulations under sec. 267, I.R.C., is permissible under sec. 7805(b), I.R.C. Frederick R. Chilton, Jr. and Paolo M. Dau, for petitioner. Cynthia K. Hustad, for respondent. THORNTON, Judge: Respondent determined a deficiency in petitioner's corporate Federal income tax for the taxable year ending October 31, 1988, in the amount of $1,676,690. The only issue before the Court is whether respondent erred in refusing to allow petitioner a deduction in the amount of $85,612,820 (representing losses previously deferred pursuant to section 267(f) and arising from petitioner’s 1984 sale of certain loans to a member of the same controlled group) when petitioner leftPage: Previous 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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