The Coca-Cola Company, and Includible Subsidiaries - Page 5

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          unrelated retailers.  The CBO's that purchase fountain syrup sell           
          the fountain syrup to unrelated retailers.                                  
               CRI is both the possessions corporation and the electing               
          corporation within the meaning of section 936.  Under section               
          1504(b), a section 936 possessions corporation is required to               
          file a separate U.S. corporate return and is therefore ineligible           
          to join in the parent corporation's consolidated return.                    
               The issues before us for partial summary judgment arise out            
          of the section 936 tax credit, which is designed to encourage               
          investment and employment in Puerto Rico and other possessions of           
          the United States.  The amount of the credit is derived from the            
          amount of the "combined taxable income" (sometimes referred to as           
          CTI) derived from the "possession product".  The primary dispute            
          in the instant case involves the dividing of income and expenses            
          between related parties.  More specifically, the dispute involves           
          whether the use of a formulaic calculation, or rather a                     
          calculation based upon factual relationships, is mandated in                
          order to obtain the proper allocation and apportionment of                  
          expenses to the gross income derived from the sale of a component           
          possession product by a U.S. affiliate.                                     
               Petitioner filed its Federal income tax returns for taxable            
          years 1983 through 1986 relying in part on section 1.936-6(b)(1),           
          Q&A-12, Income Tax Regs. (Q&A-12).  Respondent issued a                     
          deficiency notice to petitioner in 1991 for taxable years 1983              
          and 1984.  Petitioner filed a motion for partial summary judgment           




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