Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 61

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          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.            







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