- 16 - MGM/UA. See Newark Morning Ledger Co. v. United States, supra at 566; Capital Blue Cross & Subs. v. Commissioner, 122 T.C. 224, 248 (2004). Moreover, we are unable to ascribe to any of the relationships a limited useful life of a specific duration. Cf. Capital Blue Cross & Subs. v. Commissioner, supra at 255-257. Accordingly, we sustain respondent’s determinations disallowing petitioners’ claimed deductions. II. Tax Consequences of the Loan Assumption Respondent, relying on section 482, contends that the CIC/CIHI transaction was not arm’s length and should be: recast * * * [as] a payment by CIC of $49,784,881 to Holdings to fully extinguish its debt followed by a new loan from Holdings to CIHI in the same amount at the arm’s length rate of 8%. The excess 3.5% interest paid by CIHI to Holdings should be disallowed as a deduction and deemed distributed by CIHI to Petitioner and by Petitioner to Carlton followed by a constructive contribution of this amount by Carlton to Holdings. Under section 482, the Commissioner has the authority to reallocate income among members of a controlled group where a controlled taxpayer’s taxable income is not equal to what it would have been had the taxpayer been dealing at arm’s length with an uncontrolled taxpayer. Sec. 1.482-1(f)(1), Income Tax Regs. If the Commissioner, however, abuses his discretion and makes a determination that is arbitrary, capricious, or unreasonable, that determination will not be sustained. See Seagate Tech., Inc. v. Commissioner, 102 T.C. 149, 164 (1994);Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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