-30- regulations were ambiguous, our conclusion would not change because the legislative and regulatory history relating to section 482 supports our holding that the arm’s-length standard is applicable in determining the appropriate allocation of costs pursuant to section 1.482-7, Income Tax Regs. In 1986, Congress amended section 482 by adding “In the case of any transfer * * * of intangible property * * * the income with respect to such transfer * * * shall be commensurate with the income attributable to the intangible.” This change reflected a concern that the statute had failed to effectively prevent transfer pricing abuses in controlled transactions (e.g., companies transferring intangibles to related foreign companies in exchange for a “relatively low royalty [rate]” based on “industry norms for transfers of less profitable intangibles.”). H. Rept. 99-426, at 424 (1985), 1986-3 C.B. (Vol. 2) 424; accord Staff of Joint Comm. on Taxation, General Explanation of the Tax Reform Act of 1986, at 1014-1015 (J. Comm. Print 1987); see H. Rept. 99-426, supra at 424-425, 1986-3 C.B. (Vol. 2) 424-425. The committee stated: In making this change, Congress intended to make it clear that industry norms or other unrelated party transactions do not provide a safe-harbor payment for related party intangibles transfers. H. Rept. 99-426, at 414 (1985), 1986-23 C.B. (Vol. 2) 424. The committee concluded: “it is appropriate to require that thePage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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