- 74 - or grain merchandising, rather than the production or manufacture of a product, we further found that the taxpayers' operations were not generally considered to constitute the manufacture or production of grain within the meaning of section 1.993- 3(c)(2)(iii), Income Tax Regs. Id. at 23-32. Application of the Facts and Circumstances Test of Section 1.954-3(a)(4)(iii), Income Tax Regs., to the Present Cases Were the Assembly Operations At Issue Substantial in Nature? Petitioners contend that the respective assembly operations conducted by B&L Ireland and B&L Hong Kong were substantial in nature. Respondent disagrees. To determine whether the respective sunglass assembly opera- tions conducted by B&L Ireland and B&L Hong Kong were substantial in nature, we must examine the facts and circumstances surround- ing those operations. Sec. 1.954-3(a)(4)(iii), Income Tax Regs. Respondent contends that those assembly operations were so simple that they did not require sufficient skill and judgment to rise to the level of being substantial in nature. We disagree. We have found that operators at both B&L Ireland and B&L Hong Kong required training and experience in sunglass assembly techniques before they became proficient at assembling sun- glasses. At the B&L Ireland sunglass assembly facility, the training period for each new operator, which included one-on-one supervision by a full-time instructor, lasted 13 weeks. At thePage: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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