Anschutz Company and Subsidiaries - Page 47

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               A.   The Reasonableness Standard of Section 1.263A-1(f)(4),            
                    Income Tax Regs.                                                  
               As found above, the reasonableness standard of section                 
          1.263A-1(f)(4), Income Tax Regs., only applies to second level              
          allocations.  The issue in the instant case is whether Qwest’s              
          first level allocations, i.e., those between property produced              
          under its customer contracts and its retained assets, were                  
          reasonable.  Therefore, the reasonableness standard of section              
          1.263A-1(f)(4), Income Tax Regs., is irrelevant in determining              
          whether Qwest’s incremental cost allocation method is reasonable.           
               B.   Distortion in the Organization of Economic Activity               
               Respondent contends that Qwest’s incremental cost allocation           
          method fails to match Qwest’s income and expenses, resulting in             
          dramatic tax deferral, and is thus unreasonable because it                  
          violates congressional intent.  Respondent’s argument is based on           
          hindsight, not on the facts as they were at the time Qwest made             
          its allocations, and is thus unpersuasive.                                  
               The Senate report accompanying the Tax Reform Act of 1986              
          states:                                                                     
                    The committee believes that present-law rules                     
               regarding the capitalization of costs incurred in                      
               producing property are deficient in two respects. * * *                
               Second, different capitalization rules may apply under                 
               the present law depending on the nature of the property                
               and its intended use.  These differences may create                    
               distortions in the allocation of economic resources and                
               the manner in which certain economic activity is                       
               organized.                                                             







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