Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 73

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               With respect to the three individuals who prepared the BVS             
          report, in making the analyses reflected therein, they assumed              
          that the prices that B&L Ireland and B&L Hong Kong paid to B&L              
          Inc. and that B&L Ireland paid to B&L GmbH for sunglass parts               
          were not arm's length and that those prices should be estimated             
          based upon the fair rates of return for the assets used in the              
          sunglass assembly operations conducted by each of those                     
          companies.  However, reports prepared by respondent's economist             
          and her examining agent for purposes of determining whether                 
          transfer pricing adjustments should be made for petitioners'                
          taxable years ended December 29, 1985, through December 27, 1987,           
          state that the transfer prices paid by B&L Ireland and by B&L               
          Hong Kong for sunglass parts, which were the same transfer prices           
          that the parties agreed to use for petitioners' taxable years               
          ended December 25, 1983, and December 30, 1984, were appropriate            
          and that no transfer pricing adjustments were necessary.36                  
               The parties have not persuaded us of the reliability and               
          accuracy of the respective opinions of Mr. Holdren and the three            
          individuals who prepared the BVS report for purposes of applying            


          35(...continued)                                                            
          an error in the analyses contained in his opening report.                   
          36  We also note that the individuals who prepared the BVS report           
          admitted that the data that they used in making their analyses              
          were incomplete and inconsistent, especially with respect to B&L            
          Ireland.                                                                    




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