The § 367 Cross-Border Transfer Rules Seem to Counteract Other

question 88

Essay

The § 367 cross-border transfer rules seem to counteract other favorable tax provisions that allow the taxpayer to defer gross income (e.g. §§ 351 and 368.) What is the rationale for eliminating this deferral? Provide two examples of transactions to which § 367 would apply.

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Definitions:

Expected Total Utility

The sum of satisfaction or benefit that a consumer anticipates receiving from consuming different quantities of goods and services.

Utility

The satisfaction or benefit derived by consuming a product; thus the desire to obtain a good or service.

Certain Income

Income that is guaranteed or known, without any risk of fluctuation or loss.

Uncertain Income

Income that is not guaranteed and can vary significantly from period to period, often depending on factors like market demand or job security.