The Coca-Cola Company, and Includible Subsidiaries - Page 15

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               B.  Parties' Positions                                                 
               Respondent first argues that Q&A-1 governs in the instant              
          case, requiring that all expenses USA incurs and those CBO                  
          expenses that are factually related to gross income from the sale           
          of concentrate be apportioned in full to such income regardless             
          of the form in which the possession product is sold.  Second,               
          respondent argues in the alternative that even were Q&A-12                  
          controlling in the instant case, the application of the                     
          production cost ratio contained in Q&A-12 produces absurd                   
          results, and petitioner's motion should be denied on the basis of           
          Exxon Corp. v. Commissioner, 102 T.C. 721 (1994).   Respondent              
          maintains that the question before this Court is whether Congress           
          intended the results that flow from petitioner's application of             
          the production cost ratio (PCR) to the U.S. affiliates' expenses            
          known to be factually related to the gross income derived from              
          CRI's component concentrate.                                                
               Respondent argues further that the factual relationship test           
          found in section 1.861-8(b) and (c), Income Tax Regs., is adopted           
          in section 936(h)(5)(C)(ii)(II) through its overall incorporation           
          of the standards contained in section 861.  Respondent claims               
          that Q&A-12 must be read in the context of the statute and is to            
          be applied only as a supplement to Q&A-1, which determines,                 
          according to respondent, the expenses allocable and apportionable           
          to the possession product in all cases including those cases in             
          which the possession product is sold in a component form.                   




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