- 24 - The Senate report stated in pertinent part: The bill extends the loss disallowance and accrual provisions of section 267 * * * to transactions between certain controlled corporations. For purposes of these loss disallowance and accrual provisions, corporations will be treated as related persons under the controlled corporation rules of section 1563(a), except that a 50-percent control test will be substituted for the 80-percent test. These rules are not intended to overrule the consolidated return regulation rules where the controlled corporations file a consolidated return. In the case of controlled corporations, losses will be deferred until the property is disposed of * * * by the affiliate to an unrelated third party in a transaction which results in a recognition of gain or loss to the transferee, or the parties are no longer related. In a transaction where no gain or loss is recognized by the transferee, the loss is deferred until the substitute basis property is disposed of. [S. Print 98-169 (Vol. 1), at 496 (1984); fn. ref. omitted; emphasis added.] In support of its position, petitioner relies upon the underscored Senate report language supra. This report language was dropped, however, in the conference committee report, which stated as follows: The provision generally follows the Senate amendment with the following modifications: * * * * * * * (3) The operation of the loss deferral rule is clarified to provide that any loss sustained shall be deferred until the property is transferred outside the group, or until such other time as is provided by regulations. These rules will apply to taxpayers who have elected not to apply the 12(...continued) member of such controlled group (determined as of the time of the disposition), and (B) recognizes gain or loss on such disposition”. [S. Print 98-169 (Vol. 2), at 520- 521 (1984).]Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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