- 26 - Section 48228 gives the Commissioner authority to reallocate income and deductions among certain related taxpayers. Respondent’s determination under section 482 is presumptively correct, and the burden of disproving that determination lies with petitioners. Dolese v. Commissioner, 811 F.2d 543, 546 (10th Cir. 1987), affg. 82 T.C. 830 (1984). The purpose of section 482 is to place a controlled taxpayer on a tax parity with an uncontrolled and unrelated taxpayer by determining the true taxable income of the controlled taxpayer using the standard of an uncontrolled taxpayer dealing at arm’s length with another uncontrolled taxpayer. Ciba-Geigy Corp. v. Commissioner, 85 T.C. 172, 221 (1985); Huber Homes, Inc. v. Commissioner, 55 T.C. 598, 605 (1971); sec. 1.482-1(a)(1) and (b)(1), Income Tax Regs. An interest rate satisfies the arm’s- length standard under section 482 if it is a rate that was actually charged, or would have been charged, at the time the indebtedness arose, in independent transactions with or between 28SEC. 482. ALLOCATION OF INCOME AND DEDUCTIONS AMONG TAXPAYERS. In any case of two or more organizations * * * owned or controlled directly or indirectly by the same interests, the Secretary may * * * allocate gross income, deductions, credits, or allowances between or among such organizations * * * if he determines that such * * * allocation is necessary in order * * * clearly to reflect the income of any of such organizations * * *Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011