The Coca-Cola Company, and Includible Subsidiaries - Page 21

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          79.26 gallons of syrup, or 515 gallons of soft drink, petitioner            
          incurs approximately the same amount of expense with respect to             
          each product.  Petitioner argues, however, that the regulations             
          under section 936 contain only one provision prescribing the                
          manner of calculating combined taxable income with respect to a             
          component product; i.e., Q&A-12.  Under the plain meaning of this           
          regulation, Q&A-12 controls the computation of combined taxable             
          income with respect to possession products that are component               
          products, according to petitioner.  The concentrate produced by             
          CRI, which is converted into syrup or into bottle and can soft              
          drinks before sale to unrelated parties, is a component product.            
          According to petitioner, under the plain, unambiguous terms of              
          the regulation, Q&A-12 governs the computation of combined                  
          taxable income with respect to such concentrate, mandating the              
          application of the production cost ratio.                                   
               Petitioner further asserts that the application of Q&A-12 to           
          component concentrate is consistent with the regulatory scheme in           
          general.  In petitioner’s view, the language in the question                
          portion of Q&A-12 is broad and unqualified, and nothing in the              
          regulations under section 936 indicates that any other rules may            
          apply with respect to component products, according to                      
          petitioner.                                                                 
               Petitioner argues that the language in Q&A-12 clearly states           
          that the role of Q&A-1, with respect to component products, is to           
          determine U.S. affiliate expenses at the integrated product                 




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Last modified: May 25, 2011