Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 96

                                       - 91 -                                         

          Hong Kong] would be considered 'manufacturing' in the broadest              
          engineering sense".  Nonetheless, Dr. Philpott testified, and               
          respondent argues, that even though those operations were part of           
          the manufacturing process, they do not by themselves constitute             
          the manufacture of sunglasses.                                              
               The analyses of respondent and her expert Dr. Philpott are             
          based on their belief that there is a distinction between a                 
          company that is engaged in manufacturing and one that manufac-              
          tures a product or is considered a manufacturer of a product.               
          While any distinctions among the terms "manufacturing",                     
          "manufacturer", and "manufacture" may be important to an engineer           
          like Dr. Philpott, we do not find any such distinctions to be               
          important to our determination of whether the respective sunglass           
          assembly operations of B&L Ireland and B&L Hong Kong were                   
          generally considered to constitute the manufacture of sunglasses            
          for purposes of section 954(d)(1) and section 1.954-3(a)(4)(iii),           
          Income Tax Regs.  In fact, the legislative history of subpart F             
          uses all three words interchangeably.  See S. Rept. 1881, supra,            
          1962-3 C.B. 703, 790, 949.  We do not believe that Congress in              
          enacting section 954(d)(1) or the Treasury in promulgating                  
          section 1.954-3(a)(4)(iii), Income Tax Regs., intended to draw              
          such technical engineering distinctions among those three words.            
          We rely, inter alia, on the admissions by respondent and her                
          expert that the respective sunglass assembly operations conducted           





Page:  Previous  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  Next

Last modified: May 25, 2011