- 95 - Regs. That is not the role of an expert, see Marx & Co. v. Diners' Club Inc., 550 F.2d 505, 508-511 (2d Cir. 1977); Garnac Grain Co. v. Commissioner, 95 T.C. at 26-27, and we do not rely on Dr. Philpott's definition of the term "minor assembly" in making our findings and reaching our conclusions herein. Based on our review of the entire record before us, we find that the assembly operations conducted by B&L Ireland and by B&L Hong Kong were not limited to packaging, repackaging, labeling, or minor assembly within the meaning of the third sentence of section 1.954-3(a)(4)(iii), Income Tax Regs. Conclusion41 Based on our review of the entire record in the present cases, we find that the sunglasses assembled by B&L Ireland and by B&L Hong Kong were manufactured in Ireland and Hong Kong, respectively, for purposes of section 954(d)(1) and that there- fore the income from the sale of those sunglasses for each of the years at issue does not constitute foreign base company sales income as defined in that section. Accordingly, such income is not includible in petitioners' income under section 951(a)(1). B&L Hong Kong--Section 954(b)(4) In addition to arguing that the sunglass assembly operations 41 Although we do not address herein every argument advanced by respondent under sec. 954(d)(1), we have considered all of her arguments and find them to be without merit.Page: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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