The Coca-Cola Company, and Includible Subsidiaries - Page 25

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          determining the taxpayer's expense, losses, and other deductions            
          that are properly allocated and apportioned to the gross income             
          derived from sales of a component possession product.  Indeed,              
          there is no specific reference anywhere in section 936(h) to                
          component possession products or the computation of CTI with                
          respect to component possession products, asserts petitioner.               
               Section 936(h)(7) authorizes and directs the Secretary to              
          prescribe such regulations as may be necessary or appropriate to            
          carry out the purposes of section 936(h), and, according to                 
          petitioner, Q&A-12 is the provision the Secretary chose to                  
          prescribe to fill the statutory gap.  Thus, petitioner argues,              
          respondent chose to (1) make Q&A-12 the exclusive procedure for             
          computing CTI with respect to component possession products and             
          (2) chose to use a formulary apportionment method in order to               
          make such computation.  Undoubtedly, other procedures for                   
          computing CTI for component possession products could have been             
          prescribed, and other procedures might be thought by some to                
          produce "better" results, argues petitioner.  The procedures                
          adopted in Q&A-12 were chosen, however, and are fully consistent            
          with the language and purpose of section 936(h)(5)(C)(ii)(II).5             


               5Other procedures were recommended to the Treasury and IRS,            
          and another procedure has been proposed by the Commissioner for             
          taxable years beginning after 1993.  Under the proposed                     
          amendment, CTI for a component possession product is determined             
          by applying the PCR to the CTI for the integrated product                   
          containing the component possession product.  See Notice of                 
          Proposed Rulemaking, 59 Fed. Reg. 1690 (Jan. 12, 1994).                     




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