-31- payment made on a transfer of intangibles to a related foreign corporation * * * be commensurate with the income attributable to the intangible.” H. Rept. 99-426 at 414 (1985), 1986-23 C.B. (Vol. 2) 424. Respondent contends that the regulatory history, including Treasury’s publication of Notice 88-123, 1988-2 C.B. 458 (the White Paper), establishes that the commensurate with income standard replaced the arm’s-length standard mandated in section 1.482-1, Income Tax Regs. We note that regulatory history, like legislative history, is a far less accurate embodiment of intent than plain language and is susceptible to a wide array of interpretations. Nevertheless, our conclusion is consistent with the White Paper and the 1992 and 1995 regulations. Contrary to respondent’s contentions, the commensurate with income standard was intended to supplement and support, not supplant, the arm’s- length standard. Nothing in section 482, its accompanying regulations, or its legislative history indicates that internal measures of cost and profit should be used to the exclusion of the arm’s-length standard. The White Paper reexamined the theory and administration of section 482 and concluded: Looking at the income related to the intangible and splitting it according to relative economic contributions is consistent with what unrelated parties do. The general goal of the commensurate with income standard is, therefore, to ensure that each party earnsPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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