- 11 - Section 1.263A-1(e)(3)(i), Income Tax Regs., does not provide for a “directly benefits” test or an “incurred by reason of” test, of the kind suggested by respondent. Instead, as found in Anschutz I and as indicated by the above-emphasized language, sections 1.263A-1(e)(3)(i) and 1.451-3(d)(6)(ii), Income Tax Regs., provide a “reasonable allocation” test for a taxpayer’s allocation of indirect costs among taxpayer-produced property, long-term contracts, and other activities. The “reasonable allocation” test was the focus of the Court’s analysis in Anschutz I. Using the appropriate test, we found that Qwest’s incremental cost allocation method was a reasonable cost allocation method under sections 1.263A-1(e)(3)(i) and 1.451- 3(d)(6)(ii), Income Tax Regs. For these reasons, respondent’s allegation that the Court improperly focused on the “incurred by reason of” test while ignoring the “directly benefits” test is without support. Respondent has failed to demonstrate unusual circumstances or substantial errors of fact or law. Respondent seeks only to assert a new legal theory, which we find unpersuasive. Accordingly, we will deny respondent’s motion for reconsideration. We have considered all arguments and contentions made, and, to the extent not mentioned, we conclude that they are moot, irrelevant, or without merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011