Anschutz Company and Subsidiaries - Page 68

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          abused his discretion and may not change Qwest’s incremental cost           
          allocation method to an average cost allocation method under                
          section 446(b).                                                             
          V.   Conclusion                                                             
               Petitioners have met their burden of proving that Qwest’s              
          incremental cost allocation method is a reasonable allocation               
          method for purposes of sections 1.263A-1(e)(3)(i) and 1.451-                
          3(d)(6)(ii), Income Tax Regs.  Additionally, respondent’s                   
          determination that Qwest’s incremental cost allocation method               
          failed to clearly reflect income was an abuse of discretion, and            
          thus respondent may not change Qwest’s method to an average cost            
          method.                                                                     
               In reaching our holdings, we have considered all arguments             
          and contentions made, and, to the extent not mentioned, we                  
          conclude that they are moot, irrelevant, or without merit.                  
               To reflect the foregoing and the concessions of the parties,           
                                                       Decision will be               
                                                  entered under Rule 155.             
















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