Unionbancal Corporation - Page 26




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         refusal to allow Standard Chartered-U.K. to recognize the loss.              
         Petitioner contends that, in this specific fact situation,                   
         because the United Kingdom denied the loss for United Kingdom tax            
         purposes to the member of the controlled group who bought the                
         property, the Temporary Regulation has the effect of denying and             
         not deferring the loss, contrary to section 267(f).                          
              We disagree.  Under the Temporary Regulation, Standard                  
         Chartered-U.K. was entitled under U.S. tax law to have its basis             
         in the loan portfolio increased for U.S. income tax purposes.                
         The inability of Standard Chartered-U.K. to avail itself of the              
         deferred loss under United Kingdom tax law is irrelevant.  Had               
         petitioner transferred the loan portfolio to a U.S. affiliate, or            
         had its foreign affiliates been located outside the United                   
         Kingdom, the results might have been different.  We agree with               
         respondent that the validity of the Temporary Regulation cannot              
         depend upon the treatment of the deferred loss under foreign tax             
         law.  Cf. United States v. Goodyear Tire & Rubber Co., 493 U.S.              
         132, 143-145 (1989); Biddle v. Commissioner, 302 U.S. 573, 578-              
         579 (1938).                                                                  
              5.  Effect of the Final Regulation on the Validity of the               
                  Temporary Regulation.                                               
              Petitioner contends that the Loss Restoration Exception in              
         the Temporary Regulation is "diametrically, fundamentally and                
         precisely opposed" to the treatment of deferred losses under the             






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