Sunoco, Inc. and Subsidiaries - Page 41




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             section 861 apportion "deductions" which, in the case of                 
             interest expenses means the amount deductible under section              
             163.  In this connection, respondent points out that                     
             section 1.861-8(a)(2), Income Tax Regs., is headed                       
             "Allocation and apportionment of deductions in general",                 
             and that "there is nothing in the Regulations suggesting                 
             that the word 'deduction' should be defined differently                  
             under Treas. Reg. �1.861-8 than elsewhere in the Internal                
             Revenue Code."                                                           
                  We disagree with petitioner that the language of                    
             section 1.861-8(e)(2)(i), Income Tax Regs., "raises a                    
             contextual ambiguity with respect to the precise                         
             definition of the terms 'interest expense' and 'the cost                 
             of borrowing.'"  We also disagree that those terms were                  
             intended, or can be interpreted in the context of section                
             1.861-8(e)(2), Income Tax Regs., to refer to "net interest               
             expense."  In our view, the allocation and apportionment                 
             of net interest expense under section 1.861-8(e)(2), Income              
             Tax Regs., is not permitted by the regulations; it would                 
             subvert the operation of the source rules, and it would                  
             lead to incongruous and erroneous results.                               
                  We believe that petitioner misconstrues section 1.861-              
             8(e)(2)(i), Income Tax Regs., and finds an ambiguity where               
             none exists.  As discussed above, the rules of general                   






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