Anschutz Company and Subsidiaries - Page 46

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          allocation method will be a “reasonable allocation” method if               
          there is a logic to it and a sound basis and justification for              
          it.                                                                         
          III. The Reasonableness of Qwest’s Incremental Cost Allocation              
               Method                                                                 
               Respondent determined that Qwest’s incremental cost                    
          allocation method is unreasonable.  In support of this                      
          determination, respondent argues that Qwest’s incremental cost              
          allocation method:  (1) Does not meet the reasonableness standard           
          found in section 1.263A-1(f)(4), Income Tax Regs.; (2) is                   
          inconsistent with the congressional objective of preventing                 
          distortion in the organization of economic activity; and (3) is             
          inconsistent with the Supreme Court’s requirement of taxpayer               
          parity.  Petitioners contend that Qwest’s incremental cost                  
          allocation method is the most reasonable method because it                  
          reflected the economic reality of the transactions.                         
               Generally, a taxpayer bears the burden of proving the                  
          Commissioner’s determinations incorrect.  Rule 142(a)(1); Welch             
          v. Helvering, 290 U.S. 111, 115 (1933).24  Respondent determined            
          that Qwest’s cost allocation method was unreasonable, and                   
          petitioners bear the burden of proving this determination                   
          incorrect.                                                                  

               24  Under sec. 7491(a), the burden of proof may shift to the           
          Commissioner in certain situations.  Petitioners do not argue               
          that the burden shifts to respondent.                                       





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