- 46 - 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.Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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