Sunoco, Inc. and Subsidiaries - Page 15




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             1.861-8(e)(2)(vi), Income Tax Regs., for tax year 1986.                  
             As mentioned above, petitioner had used one of the                       
             optional gross income methods described by section 1.861-                
             8(e)(2)(vi), Income Tax Regs., in apportioning interest                  
             expenses on each of the subject returns.  Respondent                     
             concedes that petitioner is entitled to make this change,                
             as long as all members joining the 1986 return use one of                
             the optional gross income methods described by section                   
             1.861-8(e)(2)(vi), Income Tax Regs.                                      
                  The second change sought by petitioner, the change                  
             at the heart of the instant controversy, involves                        
             petitioner's assertion that each member's interest expense               
             to be allocated and apportioned under section 1.861-                     
             8(e)(2), Income Tax Regs., for purposes of computing the                 
             overall limitation under section 904(a), is "net interest                
             expense", i.e., interest expense for the year less interest              
             income but not less than zero, rather than gross interest                
             expense.  Respondent asserts that this change is improper.               
                  To quantify petitioner's position, the following                    
             schedule sets forth the interest expense incurred by each                
             member of petitioner's affiliated group of corporations,                 
             the interest income earned by that member, and the net                   
             interest expense of that member; i.e., interest expense                  
             less interest income but not less than zero:                             






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