Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 58

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          hearsay that is not otherwise admissible pursuant to rule 805 of            
          the Federal Rules of Evidence.  The paragraph at issue in that              
          memorandum, viz., the third narrative paragraph that begins                 
          "Regarding salaries", relates D.L. McGinnis' notes from a conver-           
          sation that he had with another individual concerning the availa-           
          bility of training grants from the IDA for B&L Ireland's contact            
          lens operations.  We find that that paragraph constitutes hearsay           
          within hearsay not otherwise admissible pursuant to rule 805 of             
          the Federal Rules of Evidence.                                              
               In conclusion, the two newspaper articles and the third                
          paragraph of the McGinnis memorandum are inadmissible hearsay.              
          We unconditionally admit into evidence the remaining stipulated             
          facts and exhibits to which the parties objected and make them              
          part of the record in these cases.                                          
          Foreign Base Company Sales Income--Section 954(d)(1)                        
               Under subpart F (sections 951 through 964), a U.S.                     
          shareholder of a CFC must include in gross income a pro rata                
          share of certain classes of income of that CFC including, inter             
          alia, foreign base company sales income.31  Section 954(d) pro              

          31  Sec. 951(a)(1) provides that a U.S. shareholder of a CFC must           
          include in gross income, inter alia, a pro rata share of the sub-           
          part F income of that CFC for the year ended during such share-             
          holder's tax year.  Sec. 952(a) defines the term "subpart F in-             
          come" to include "foreign base company income".  Sec. 952(a)(2).            
          Sec. 954(a) defines "foreign base company income" to include                
                                                             (continued...)           






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