Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 79

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          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 the             





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