Microsoft Corporation - Page 10

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                  You have not established that you qualify to elect the                                
                  profit split method under Internal Revenue Code Section                               
                  936(h) and the Income Tax Regulations thereunder.                                     
                  Accordingly, your taxable income has been increased in                                
                  the amounts of $1,366,918.00 and $43,771,224.00 for the                               
                  taxable periods ending June 30, 1990, and June 30, 1991,                              
                  respectively.                                                                         
                  After disallowing the profit-split method election, respondent                        
            recomputed petitioner's combined taxable income deduction to be                             
            $7,504,434 (rather than $51,275,658) by redetermining MS-Puerto                             
            Rico's taxable income for 1991 pursuant to section 936(h)(1)-(4)                            
            (the methods used for determining taxable income when the profit-                           
            split method is not properly elected) and section 482 (the transfer                         
            pricing rules).                                                                             
            Filing of the Petition and Answers                                                          
                  On August 5, 1996, petitioner filed a petition contesting                             
            respondent's determinations that MS-Puerto Rico was not qualified                           
            to elect the profit-split method.  Respondent filed an answer to                            
            the petition on October 8, 1996, denying any error with respect to                          
            the determination that MS-Puerto Rico was not qualified to elect                            
            the profit-split method.  In the answer, respondent admitted that                           
            the basis for the disallowance of the combined taxable income                               
            deduction was MS-Puerto Rico's failure to satisfy the significant                           
            business presence test.                                                                     
                  On January 22, 1997, respondent filed a Motion for Leave to                           
            Amend Answer. In the motion, respondent sought to raise the                                 






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