- 7 - of a consolidated group should be based on dealings with outsiders rather than on transactions within the group. See id. Section 1.1502-13(a)(2), Income Tax Regs., defines a “deferred intercompany transaction” to include the sale or exchange of property or any other expenditure in which the amount of the expenditure is capitalized in an intercompany transaction. An intercompany transaction includes: [A] transaction during a consolidated return year between corporations which are members of the same group immediately after such transaction. Thus, for example, an intercompany transaction would include a sale of property by one member of a group (hereinafter referred to as the “selling member”) to another member of the same group (“purchasing member”), the performance of services by one member of a group * * * for another member of the same group * * *, or the payment of interest by one member of a group * * * to another member of the same group * * *, during a consolidated return year. [Sec. 1.1502-13(a)(1)(i), Income Tax Regs.; emphasis added.] Respondent argues that petitioner did not have ownership rights in the telephone systems as the systems were being produced. Instead, respondent asserts that the rights of the third-party customers in the telephone systems were superior to those of petitioner during the period of production because of the commitments under the purchase agreements. Respondent contends that petitioner was never free to sell the telephone systems to the subsidiary or anyone else. Thus, respondent argues that the third-party customers were the source of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011