Sunoco, Inc. and Subsidiaries - Page 23




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             issue, respectively.  Thus, the effect of netting would be               
             to substantially increase petitioner's income from sources               
             without the United States, the numerator of the limiting                 
             fraction under section 904(a), and to substantially                      
             increase the amount of petitioner's foreign tax credit for               
             each of the years in issue.                                              
                  Both parties rely on the regulations promulgated under              
             the source rules, viz sections 861 through 864, especially               
             section 1.861-8(e)(2), Income Tax Regs., to support their                
             position that netting is permitted or that netting is not                
             permitted.  Petitioner does not contend that the                         
             regulations are contrary to the statute or unlawful in                   
             any respect.  Therefore, as presented by the parties, the                
             issue in this case is whether the netting of interest                    
             income and interest expense is permitted by the regulations              
             promulgated under sections 861 through 864, principally                  
             section 1.861-8(e)(2), Income Tax Regs., that were in                    
             effect during the years 1982, 1983, 1983, and 1986,                      
             generally referred to herein as the subject regulations.                 
                  At the outset, we note that the principal regulation                
             at issue in this case, section 1.861-8(e)(2), Income Tax                 
             Regs., was adopted on January 3, 1977, effective for                     
             taxable years beginning after December 31, 1976                          








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