- 47 - 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.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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