Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 15

                                       - 104 -                                        

          were located outside Hong Kong.                                             
               In sum, the present record does not support a finding that             
          respondent abused her discretion by failing to determine that the           
          transactions that gave rise to B&L Hong Kong's income at issue              
          from the sale of B&L products it did not assemble were not ef-              
          fected for a significant purpose of reducing taxes.  In fact, the           
          record does not even support a finding that tax reduction was not           
          a significant purpose for effecting those transactions.                     
               Based on our review of the entire record before us, we find            
          that petitioners failed to prove that respondent abused her                 
          discretion by failing to conclude that the transactions that gave           
          rise to B&L Hong Kong's income at issue from the sale of B&L                
          products it did not assemble and from interest were not effected            
          for a significant purpose of reducing taxes for their taxable               
          years ended December 25, 1983, through December 28, 1986.46                 
          Accordingly, we hold that respondent did not abuse her discretion           
          under section 954(b)(4) by failing to exclude that income from              
          petitioners' gross income for those years.                                  
               To reflect the foregoing and the concessions of the parties,           
                                                  Decision in docket No.              
                                             13983-91 will be entered under           
                                             Rule 155.                                


          46  Although we do not address herein every argument advanced by            
          petitioners under sec. 954(b)(4), we have considered all of their           
          arguments and find them to be without merit.                                




Page:  Previous  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  101  102  103  104  

Last modified: May 25, 2011