- 11 - entitled to deduct, during taxable years 1991 and 1992, interest accrued on the 1991 and 1992 Subordinated Loans.3 3. Tate & Lyle In Tate & Lyle I we held that section 1.267(a)-3, Income Tax Regs., insofar as it required an accrual basis taxpayer to use the cash method with respect to interest owed to a foreign person that was exempt from U.S. tax pursuant to treaty, was invalid because it was manifestly contrary to the statute.4 We reasoned that the “matching principle” of section 267(a)(2) was as follows: “An accrual basis taxpayer is not entitled to deduct any amount if it is payable to a related person and, because of the payee’s method of accounting, the item is not currently includible in the payee’s gross income.” Tate & Lyle I at 667. Further, we found the mandate in section 267(a)(3) that the Secretary apply this matching principle to be “absolutely clear” on its face, thus confining the ambit of the regulations to those situations where the failure of the payor’s deduction to “match” the payee’s income inclusion was attributable to the payee’s method of accounting. Because section 1.267(a)-3’s restriction 3 In light of these stipulations, we do not consider the impact, if any, of the fact that the interest on the 1991 Subordinated Loan was owed to SNC rather than the Schneider Lenders. 4 We also held in the alternative that the regulation was invalid because its retroactive application violated the Due Process Clause of the Constitution. The due process issue is not present in the instant case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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