Unionbancal Corporation - Page 29




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         interests.  For U.S. income tax purposes, petitioner was treated             
         no differently than any other U.S. taxpayer.                                 
              Petitioner argues that the Temporary Regulation                         
         discriminates against U.S. subsidiaries owned by foreign                     
         purchasing members without effectively connected income, because             
         “losses sustained by such subsidiaries are uniformly denied”                 
         under the Temporary Regulation, in the absence of competent                  
         authority intervention.  Petitioner argues that this “requirement            
         of competent authority intervention, entirely avoided by a U.S.              
         corporation with a U.S. parent,” is more burdensome than                     
         requirements imposed on U.S.-owned corporations, in contravention            
         of Article 24 of the U.S.-U.K. treaty.                                       
              Petitioner’s argument is without merit.  The operation of               
         neither section 267(f) nor the Temporary Regulation is                       
         conditioned on the country of incorporation of the taxpayer’s                
         parent, but rather on the taxpayer’s selling property at a loss              
         to members of the same controlled group, without reference to                
         where those related parties may be incorporated.  A U.S.                     
         corporation with a U.S. parent would face the same burdens and               
         requirements as petitioner, all other things being equal, if it              
         sold property at a loss to a United Kingdom corporation that was             
         a member of the same controlled group.  Conversely, a U.S.                   
         corporation with a United Kingdom parent might sell property to a            
         U.S. affiliate without implicating the competent authority                   





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