Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 104

                                       - 99 -                                         

               In addition, certain income of B&L Hong Kong from the sale             
          of B&L products it did not assemble is not at issue for petition-           
          ers' taxable years ended December 25, 1983, through December 28,            
          1986.  Specifically, the record discloses that neither the income           
          of B&L Hong Kong from the sale of B&L products for use or con-              
          sumption in Hong Kong, see sec. 954(d)(1)(B), nor its income                
          during petitioners' taxable year ended December 30, 1984, from              
          the sale of products purchased from B&L Ireland, see sec. 1.954-            
          1(b)(4)(iii)(a), Income Tax Regs., is at issue.  It is not clear            
          from the record whether any other income of B&L Hong Kong from              
          the sale of B&L products it did not assemble is at issue.  How-             
          ever, we presume that the parties will exclude any such income              
          that is not at issue when making their computations herein under            
          Rule 155.                                                                   
               We now turn to the parties' arguments under section                    
          954(b)(4) relating to B&L Hong Kong's income from the sale of B&L           
          products it did not assemble and from interest that the parties             
          and/or the record make clear is at issue.  Respondent argues that           
          she did not abuse her discretion under section 954(b)(4) by                 
          failing to exclude the income at issue of B&L Hong Kong from the            
          sale of B&L products it did not assemble and from interest from             
          petitioners' gross income for their taxable years ended December            
          25, 1983, through December 28, 1986.  Although the record in                
          these cases might support a finding that B&L Hong Kong was not              





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