Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 62

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               Section 1.954-3(a)(4)(iii), Income Tax Regs., provides:                
                    (iii) Manufacture of a product when purchased com-                
               ponents constitute part of the property sold.  If pur-                 
               chased property is used as a component part of personal                
               property which is sold, the sale of the property will                  
               be treated as the sale of a manufactured product, rath-                
               er than the sale of component parts, if the operations                 
               conducted by the selling corporation in connection with                
               the property purchased and sold are substantial in na-                 
               ture and are generally considered to constitute the                    
               manufacture, production, or construction of property.                  
               Without limiting this substantive test, which is depen-                
               dent on the facts and circumstances of each case, the                  
               operations of the selling corporation in connection                    
               with the use of the purchased property as a component                  
               part of the personal property which is sold will be                    
               considered to constitute the manufacture of a product                  
               if in connection with such property conversion costs                   
               (direct labor and factory burden) of such corporation                  
               account for 20 percent or more of the total cost of                    
               goods sold.  In no event, however, will packaging,                     
               repackaging, labeling, or minor assembly operations                    
               constitute the manufacture, production, or construction                
               of property for purposes of section 954(d)(1).  The ap-                
               plication of this subdivision may be illustrated by the                
               following examples:                                                    
                    Example (1).  Controlled foreign corporation A,                   
               incorporated under the laws of foreign country X, sells                
               industrial engines for use, consumption, and disposi-                  
               tion outside country X.  Corporation A, in connection                  
               with the assembly of such engines, performs machining                  
               and assembly operations.  In addition, A Corporation                   
               purchases, from related and unrelated persons, com-                    
               ponents manufactured in foreign country Y.  On a per                   
               unit basis, A Corporation's selling price and costs of                 
               such engines are as follows:                                           
                  Selling price.................................. $400                
                  Cost of goods sold:                                                 
                  Material--                                                          
                       Acquired from related                                          
                  persons........................ $100                                
                       Acquired from others.............   40                         
                       Total material.................... $140                        






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