- 56 - country in which the CFC is organized. If, however, the CFC manufactures, produces, grows, or extracts the property that it sells in the country in which it is organized, the income from the sale of that property is not foreign base company sales income, regardless where the property is used or consumed. Dave Fischbein Manufacturing Co. v. Commissioner, 59 T.C. 338, 355 (1972); see sec. 1.954-3(a)(4)(i), Income Tax Regs. Although the terms "manufactured" and "produced" are not defined by the Code, section 1.954-3(a)(4)(i), Income Tax Regs., provides that a CFC will be considered "to have manufactured, produced, or constructed personal property which it sells if the property sold is in effect not the property which it purchased." That regulation further provides that the property sold will not be considered the property purchased if the provisions of either section 1.954-3(a)(4)(ii) or (iii), Income Tax Regs., are met. Section 1.954-3(a)(4)(ii), Income Tax Regs., provides in pertinent part: (ii) Substantial transformation of property. If purchased personal property is substantially trans- formed prior to sale, the property sold will be treated as having been manufactured, produced, or constructed by the selling corporation. * * * That regulation also includes the following three examples of a substantial transformation: (1) Wood pulp into paper, (2) steel rods into screws and bolts, and (3) fresh fish into canned fish.Page: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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