-28- determine * * * whether parties at arm’s length would share * * * [the spread or the grant date value]”. Thus, respondent contends that the spread and the grant date value amounts he determined automatically meet the arm’s-length standard. In support of his contention, respondent focuses on the meaning of the term “generally” in section 1.482-1(b)(1), Income Tax Regs. He asserts: A rule that applies only “generally” must, by its own terms, have exceptions. In light of the legislative history and extensive regulations interpreting the 1986 commensurate with income statutory amendment, qualified cost sharing arrangements constitute an appropriate exception from the general rule. According to respondent, “the identification of costs, and the corresponding adjustments to the cost pool under qualified cost- sharing arrangements, should be determined without regard to the existence of uncontrolled transactions.” We disagree. Respondent’s interpretation of the word “generally” is incorrect because he ignores the preceding clause (i.e., “because identical transactions can rarely be located”). The regulation simply states that “comparable transactions” are the broad exception available when there are no identical transactions. See Union Carbide Corp. & Subs. v. Commissioner, 110 T.C. 375, 384 (1998) (stating “When the plain language of the statute or regulation is clear and unambiguous, * * * the inquiry * * * [ends].”). The regulation does not state that any allocationPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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