- 29 - 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 authorityPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011