Unionbancal Corporation - Page 25




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              deferral intercompany transactions rules, except to the                 
              extent regulations provide otherwise. [H. Conf. Rept. 98-               
              861, at 1033 (1984), 1984-3 C.B. (Vol. 2) 1, 287.]                      
              Petitioner argues that the indication in the conference                 
         committee report that it “generally” follows the Senate bill                 
         reflects a legislative intent to adopt the sense of the Senate               
         report language in question without expressly repeating it.  We              
         are unpersuaded that this is so.  It is clear that the conference            
         committee report “generally” follows the Senate bill by including            
         special rules for transfers between controlled group members,                
         unlike the House bill, which contained no such special rules.  It            
         is also clear that the special rules actually adopted by the                 
         conference committee (and enacted into law) differ significantly             
         from the Senate bill.  Among these differences is the omission of            
         the Senate provision requiring that the deferred loss be restored            
         to the transferor.  It seems clear that Congress, having                     
         considered the issue, ultimately rejected any mandate that the               
         deferred loss be recognized by the transferor when it leaves the             
         controlled group.  Instead, Congress specified that the deferral             
         lasts until the property is transferred outside the controlled               
         group, or until such other time as regulations may prescribe.                
              4.  Relevance of Purchasing Member’s Tax Treatment Under                
                  United Kingdom Tax Law.                                             
                                                                                     
              In the final analysis, petitioner's argument that the                   
         Temporary Regulation is invalid rests on the United Kingdom’s                






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Last modified: May 25, 2011