- 65 - that neither Congress could have intended when it enacted section 954(d)(1) nor the Treasury could have meant when it promulgated section 1.954-3(a)(4)(iii), Income Tax Regs. Dr. Philpott opined during the trial of these cases that, unless a company designed a product, it could not be considered the manufacturer of that product if it performed only assembly, and no parts fabrication operations. However, he further testified that product design was not considered part of the manufacturing process during the early and mid-1960s when Congress enacted subpart F and the Treasury issued the regulations thereunder. We also note that Dr. Philpott opined that the assembly of automobile parts into automobiles constitutes a substantial transformation of those parts. That opinion contradicts the view of the Treasury set forth in example two of section 1.954- 3(a)(4)(iii), Income Tax Regs., that the assembly of automobile parts into automobiles does not constitute a substantial trans- formation of those parts under section 1.954-3(a)(4)(ii), Income Tax Regs. In conclusion, we did not find Dr. Philpott's opinions to be helpful in resolving the issues presented in these cases, and we do not rely on them in making our findings and reaching our conclusions herein. Both parties rely on the opinions of experts who performed quantitative analyses to determine whether the respective assemb-Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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