Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 101

                                       - 96 -                                         

          of B&L Hong Kong constituted the manufacture of sunglasses for              
          purposes of section 954(d)(1) and that therefore the income from            
          those operations does not constitute gross income to petitioners,           
          petitioners further argue that, pursuant to section 954(b)(4),              
          the income of B&L Hong Kong is excludible from their gross income           
          for their taxable years ended December 25, 1983, through December           
          28, 1986.42                                                                 
               Section 954(b)(4) provides in pertinent part:                          
                    (4) Exception for Foreign Corporations Not Avail-                 
               ed of To Reduce Taxes.--For purposes of subsection (a),                
               foreign base company income does not include any item                  
               of income received by a controlled foreign corporation                 
               if it is established to the satisfaction of the Secre-                 
               tary that neither--                                                    
                         (A) the creation or organization of such                     
                    controlled foreign corporation under the laws of                  
                    the foreign country in which it is incorporated *                 
                    * *, nor                                                          
                         (B) the effecting of the transaction giving                  
                    rise to such income through the controlled foreign                
                    corporation,                                                      
               has as one of its significant purposes a substantial                   
               reduction of income, war profits, or excess profits or                 
               similar taxes. * * *                                                   
               The exception in section 954(b)(4) applies only "if it is              
          established to the satisfaction of the Secretary" that the reduc-           


          42  Petitioners' argument does not relate to their last taxable             
          year at issue (viz., the year ended Dec. 27, 1987) because sec.             
          954(b)(4) in effect for their taxable years ended Dec. 25, 1983,            
          through Dec. 28, 1986, was amended in 1986 and was no longer                
          effective for that last year.                                               




Page:  Previous  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  101  102  103  104  Next

Last modified: May 25, 2011