-29- proposed by respondent automatically produces an arm’s-length result without reference to what arm’s-length parties would do. Therefore, respondent’s litigating position is contrary to his regulations. See Phillips v. Commissioner, 88 T.C. 529, 534 (1987) (stating respondent “may not choose to litigate against the officially published rulings * * * without first withdrawing or modifying those rulings. The result of contrary action is capricious application of the law”), affd. 851 F.2d 1492 (D.C. Cir. 1988). Pursuant to the express language of section 1.482- 1(a)(1), Income Tax Regs., we conclude that the arm’s-length standard is applicable in determining the appropriate allocation of costs pursuant to section 1.482-7, Income Tax Regs. C. Legislative and Regulatory History Support the Applicability of the Arm’s-Length Standard to Section 1.482-7, Income Tax Regs. Respondent contends that the legislative and regulatory history relating to the 1986 amendment to section 482 establishes that, for purposes of determining the arm’s-length result in cost-sharing arrangements, Congress intended to supplant the use of comparable transactions with internal measures of cost and profit. It is unnecessary and inappropriate to resort to legislative, and certainly not to regulatory, history, because section 1.482-1(b)(1), Income Tax Regs., is unambiguous. Union Carbide Corp. & Subs. v. Commissioner, supra at 384. Even if thePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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