Square D Company and Subsidiaries - Page 9




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          regulation, promulgated pursuant to a specific grant of authority           
          in section 267(a)(3).  That provision makes the authorization               
          with reference to section 267(a)(2).  The provisions state:                 
               SEC. 267(a).  In General.--                                            
                         *     *     *     *     *     *     *                        
                                                                                     
                    (2) Matching of deduction and payee income item in                
               the case of expenses and interest.–-If–-                               
                         (A) by reason of the method of                               
                    accounting of the person to whom the payment                      
                    is to be made, the amount thereof is not                          
                    (unless paid) includible in the gross income                      
                    of such person, and                                               
                         (B) at the close of the taxable year of                      
                    the taxpayer for which (but for this                              
                    paragraph) the amount would be deductible                         
                    under this chapter, both the taxpayer and the                     
                    person to whom the payment is to be made are                      
                    persons specified in any of the paragraphs of                     
                    subsection (b),                                                   
               then any deduction allowable under this chapter in                     
               respect of such amount shall be allowable as of the day                
               as of which such amount is includible in the gross                     
               income of the person to whom the payment is made (or,                  
               if later, as of the day on which it would be so                        
               allowable but for this paragraph).  * * *                              
                    (3) Payments to foreign persons.  The Secretary                   
               shall by regulations apply the matching principle of                   
               paragraph (2) in cases in which the person to whom the                 
               payment is to be made is not a United States person.                   

          Thus, section 267(a)(2) provides in general that in the case of             
          amounts owed to certain related persons (specified in section               
          267(b)), if the person to whom the amount is owed, as a result of           
          that person’s accounting method, need not include the amount in             






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Last modified: May 25, 2011