Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 65

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          by B&L Hong Kong constitutes foreign base company sales income as           
          defined in section 954(d)(1) that is includible in petitioners'             
          gross income under section 951(a)(1).  Petitioners argue that               
          that income is not foreign base company sales income as defined             
          in that section because the sunglasses assembled by B&L Ireland             
          and by B&L Hong Kong were manufactured by those companies within            
          the meaning of section 954(d)(1) and section 1.954-3(a)(4)(ii)              
          and (iii), Income Tax Regs.  Petitioners bear the burden of proof           
          on that issue.  Rule 142(a); Welch v. Helvering, 290 U.S. 111,              
          115 (1933).  We need not address petitioners' contention that the           
          sunglass assembly operations of B&L Ireland and of B&L Hong Kong            
          satisfy section 1.954-3(a)(4)(ii), Income Tax Regs.  This is                
          because we find that those operations satisfy the facts and                 
          circumstances test of section 1.954-3(a)(4)(iii), Income Tax                
          Regs.  See sec. 1.954-3(a)(4)(i), Income Tax Regs.                          
               Before turning to the application of the facts and circum-             
          stances test of section 1.954-3(a)(4)(iii), Income Tax Regs., to            
          the facts and circumstances established by the record in these              
          cases, we summarize our views of the experts on whom the parties            
          rely to support their respective positions (experts) as to                  
          whether the sunglass assembly operations conducted by B&L Ireland           
          and by B&L Hong Kong constitute the manufacture of sunglasses               
          under section 954(d)(1) and the regulations thereunder.                     







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