- 44 - violating Congress’s “intent of harmony between the two Code sections.” Respondent is presumably focusing on the language of the Senate report that “in order to more accurately reflect income and make the income tax system more neutral, a single, comprehensive set of rules should govern the capitalization of costs of producing, acquiring, and holding property”. S. Rept. 99-313, supra at 140, 1986-3 C.B. (Vol. 3) at 140. This argument is unpersuasive. As found above, the rules for the first level allocations under both sections 1.263A-1(e)(3)(i) and 1.451- 3(d)(6)(ii), Income Tax Regs., are identical, requiring only that a “reasonable allocation” be made. The two sections can be applied simultaneously and will end with the same result under the first level allocation, regardless of which section the taxpayer focuses on. Accordingly, we find that the legislative history does not support incorporating the reasonableness standard of section 1.263A-1(f)(4), Income Tax Regs., into the first level allocations under sections 1.263A-1(e)(3)(i) and 1.451- 3(d)(6)(ii), Income Tax Regs. D. The Ordinary Meaning of Reasonable Where a term is not defined in a statute, it should be given its ordinary meaning. Crane v. Commissioner, 331 U.S. 1, 6 (1947); Keene v. Commissioner, 121 T.C. 8, 14 (2003); De Cou v. Commissioner, 103 T.C. 80, 87 (1994); Goodson-Todman Enters.,Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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