- 71 - foreign base company sales income as defined in section 954(d)(1) because the assembly operations conducted by CFSA were substan- tial in nature and were generally considered to constitute the manufacture of property within the meaning of that regulation. Id. at 359. The facts on which we relied in reaching those conclusions included the following: CFSA (a) tailors and finishes some of its purchased components in order to place these parts in usable condition; (b) puts these tailored components and others together in a 6-hour, 58-step process to form salable, quality bag-closing machines; and (c) posses- ses in its plant all of the tools and equipment neces- sary for these activities. As a result of CFSA's operations, the purchaser of one of these devices is guaranteed a carefully put together, well tested, and operable machine. * * * * * * * It was the caliber of CFSA's mechanics which resulted in a smooth-running operation rather than a lack of complexity of the operations. [Id. at 360.] Except for Dave Fischbein Manufacturing Co. v. Commissioner, supra, no court has had occasion to consider and apply the facts and circumstances test of section 1.954-3(a)(4)(iii), Income Tax Regs. However, on two separate occasions, we considered and applied certain language in section 1.993-3(c)(2)(iii), Income Tax Regs., that is similar to the language prescribing the facts and circumstances test of section 1.954-3(a)(4)(iii), Income Tax Regs. Garnac Grain Co. v. Commissioner, 95 T.C. 7 (1990); Webb Export Corp. v. Commissioner, 91 T.C. 131 (1988).Page: Previous 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Next
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