Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 14

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          as to petitioners' purpose for structuring as they did the trans-           
          actions that gave rise to B&L Hong Kong's income at issue from              
          the sale of B&L products it did not assemble.                               
               In addition, the type of business carried on by B&L Hong               
          Kong that gave rise to the income at issue from the sale of B&L             
          products it did not assemble was a sales business that derived              
          income from the sale of B&L products that it (1) purchased from             
          its parent or other related companies, (2) sold for use or con-             
          sumption outside Hong Kong, and (3) did not manufacture or as-              
          semble in Hong Kong.  Thus, the class of income at issue that B&L           
          Hong Kong derived from that business was foreign base company               
          sales income as defined in section 954(d)(1).                               
               Petitioners concede that the tax rates in Hong Kong were               
          lower than the tax rates in the United States.  Moreover, the               
          record shows that B&L's management was aware of the differences             
          between the tax rates in Hong Kong and the United States during             
          and immediately prior to the years at issue and that B&L's man-             
          agement made efforts during those years to reduce its overall tax           
          burden.                                                                     
               Although most of B&L Hong Kong's sales activity may have               
          occurred in Hong Kong, the fact that the income at issue of B&L             
          Hong Kong from the sale of B&L products it did not assemble was             
          derived from the sale of those products for use or consumption              
          outside Hong Kong indicates to us that B&L Hong Kong's customers            





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