- 17 - Bausch & Lomb, Inc. v. Commissioner, 92 T.C. 525, 582 (1989), affd. 933 F.2d 1084 (2d Cir. 1991). A. The Applicability of Section 1.482-2(a)(1), Income Tax Regs., to the Holdings/CIC Transaction or CIC/CIHI Transaction Section 482 allows the Commissioner to make adjustments to reflect an arm’s-length rate of interest “Where one member of a group of controlled entities makes a loan or advance * * * or otherwise becomes a creditor of, another member of such group and * * * charges interest at a rate which is not equal to an arm’s length rate of interest”. Sec. 1.482-2(a)(1)(i), Income Tax Regs.; Latham Park Manor, Inc. v. Commissioner, 69 T.C. 199, 210- 211 (1977), affd. without published opinion 618 F.2d 100 (4th Cir. 1980). Section 1.482-1(i)(7), Income Tax Regs., broadly defines a transaction as “any sale, assignment, lease, license, loan, advance, contribution, or any other transfer of any interest in or a right to use any property * * * or money”. Because the Holdings/CIC transaction was a loan and CIC/CIHI transaction involved a transfer of an “interest in or a right to use * * * money”, both transactions meet that definition. The Holdings/CIC and CIC/CIHI transactions, however, are separate transactions. The CIC/CIHI transaction was entered into 8 years after the Holdings/CIC transaction, and there is no evidence that this transaction was under consideration at the time Holdings lent thePage: 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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