Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 75

                                       - 70 -                                         

          the assembly of prescription eyeglasses, we generally do not rely           
          upon those rebuttal reports.                                                
          Judicial Interpretations of Relevant Regulations                            
               In Dave Fischbein Manufacturing Co. v. Commissioner, 59 T.C.           
          338 (1972), petitioner Dave Fischbein Manufacturing Company                 
          (DFMC) manufactured the parts for portable bag-closing machines37           
          and assembled those parts into portable bag-closing machines.  It           
          also sold some of the parts it manufactured to its wholly owned             
          subsidiary, Compagnie Fischbein, S.A. (CFSA), a Belgian corpora-            
          tion.  CFSA, in turn, assembled those parts into bag-closing                
          machines.  CFSA did not maintain a sales force, did not design              
          its own products, and purchased most of the parts used in assem-            
          bling the bag-closing machines from DFMC.38  Dave Fischbein Manu-           
          facturing Co. v. Commissioner, supra at 350-351.                            
               Relying on section 1.954-3(a)(4)(iii), Income Tax Regs., we            
          found on the facts presented in the Dave Fischbein Manufacturing            
          Co. case that the income generated by CFSA from the sale of the             
          portable bag-closing machines it assembled did not constitute               


          37  A bag-closing machine is a type of sewing machine used to               
          close the mouth of an open bag for products such as animal feed,            
          seed, fertilizer, and processed food.  Dave Fischbein Manufactur-           
          ing Co. v. Commissioner, 59 T.C. 338, 340 (1972).                           
          38  CFSA also purchased from unrelated suppliers some of the                
          standard parts used in portable bag-closing machines, such as               
          screws, nuts, and switches.  Dave Fischbein Manufacturing Co. v.            
          Commissioner, supra at 350.                                                 




Page:  Previous  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  Next

Last modified: May 25, 2011