Unionbancal Corporation - Page 8




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         the value of the loan portfolio as determined under the competent            
         authority process.4                                                          
                                       OPINION                                        
              Section 267(a)(1) generally disallows losses from the sale              
         or exchange of property between related parties, as defined in               
         section 267(b).  If a loss is disallowed under section 267(a)(1),            
         subsection (d) generally provides a corresponding reduction in               
         the amount of any gain the related purchaser must recognize on a             
         subsequent resale of the property.5                                          

               4  In its letter to petitioner, the United States Competent            
          Authority stated:                                                           
                    The determination made by the competent authorities               
               results in improperly lodged funds in the U.S. to the extent           
               of the reduction in the transfer price (i.e., $76,355,304).            
               Since * * * [petitioner] and * * * [Standard Chartered-U.K.]           
               elect not to repatriate the funds, the $76,355,304 amount              
               will be treated as a contribution to the capital of * * *              
               [petitioner] by * * * [Standard Chartered-U.K.] during the             
               1984 taxable year.                                                     
               5  Sec. 267(a) and (d) provides in pertinent part:                     
               (a) In General.--                                                      
                    (1) Deduction for losses disallowed.--No deduction                
               shall be allowed in respect of any loss from the sale                  
               or exchange of property * * *, directly or indirectly,                 
               between persons specified in any of the paragraphs of                  
               subsection (b).                                                        
                        *     *     *     *     *     *     *                        
                                                                                     
               (d) Amount of Gain Where Loss Previously Disallowed.--If–-             
                    (1) in the case of a sale or exchange of property to              
                                                             (continued...)           





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