Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 76

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          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).                           






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