Union Carbide Corporation and Subsidiaries - Page 11

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          commission DISC.  Brown-Forman Corp. v. Commissioner, supra at               
          926-927.  Although the section 994(a) pricing rules literally                
          applied only to a buy-sell DISC, they were adopted for commission            
          DISC's pursuant to statutory authority granted to the Secretary.             
          Sec. 994(b)(1); sec. 1.994-1(d)(2)(i), Income Tax Regs.                      
               In 1984, Congress enacted the FSC provisions (sections 921              
          through 927) to replace and cure certain perceived shortcomings              
          in the DISC provisions for taxable years beginning after December            
          31, 1984.  Deficit Reduction Act of 1984, Pub. L. 98-369, sec.               
          801(a), 98 Stat. 494, 985; S. Prt. 98-169 (Vol. 1), at 636                   
          (1984); see Brown-Forman Corp. v. Commissioner, supra at 924-925,            
          946.  The Senate Finance Committee explanation of the FSC                    
          legislation states that                                                      
                    In general, where the provisions of the bill are                   
               identical or substantially similar to the DISC                          
               provisions under present law, the committee intends                     
               that rules comparable to the rules in regulations                       
               issued under those provisions will be applied to the                    
               FSC. [S. Prt. 98-169 (Vol. 1), supra at 636.]                           

               As with DISC's, under the FSC provisions, the FSC and its               
          related supplier remain subject to section 482 but may elect                 
          between two safe harbor pricing methods to determine the profit              
          of the FSC in order to avoid the complexities of section 482.                
          Sec. 925(a)(1) and (2).  The transfer pricing rules applicable to            
          FSC's are analogous to the rules applicable to DISC's.  Secs.                
          925(a), 994(a); General Dynamics Corp. & Subs. v. Commissioner,              
          supra at 117-118.  The FSC and related supplier may, subject to              




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