- 12 - finally came into existence and property interests changed hands by virtue of the purchase agreements and the assignment and delegation agreements, the transfer occurred between petitioner, as seller, and the subsidiary, as buyer. The next argument of respondent is that, even if the subsidiary received contractual rights to purchase nonexisting property in the future from the third-party customers followed by receipt of property interests in the telephone systems from petitioner, the transaction was not an intercompany transaction. Essentially, respondent contends that the transactions were three-party transactions in which the subsidiary received its rights through the third-party customers, and, thus, not all parties of the transaction were members of one consolidated group. Section 1.1502-13(a)(1)(i), Income Tax Regs., states that “an intercompany transaction would include a sale of property by one member of a group * * * to another member of the same group.” (Emphasis added.) Thus, in determining whether a sale occurred between members of the same consolidated group, we look at the participants to the sale of the property. As already set forth above, under the State law governing these transactions, a transfer of a contractual right to purchase nonexisting property in the future is not a part of the sale of the underlying contractual property. The parties to the sale, which occurredPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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