Alternative Facts. The facts are the same as in paragraph (i) of this Example 13, except that P also owns FSX. In addition, FSX and HPSX elect to file a consolidated re- turn under Country X law. The exception to foreign use under § 1.1503(d)–3(c)(4) does not apply because there is a foreign use other than by reason of the dual consolidated loss being made available as a result of FSZ’s ownership in HPSX and the allocation or carry forward of the dual consolidated loss as a result of such ownership. That is, the ex- ception does not apply because there is also a foreign use of the dual consolidated loss as a result of FSX and HPSX filing a ▇▇▇▇▇▇▇- dated return under Country X law.
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Sources: Internal Revenue Service Regulation, Internal Revenue Service Regulation, Tax Regulation