Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 70

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          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-           





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