Computervision International Corp. - Page 47

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          years.11                                                                    
          Computation of DISC Commission                                              
               The next issue that we consider is whether, in computing the           
          commission due CVI from CV for CVI’s taxable years ending January           
          31, 1983 and 1984, and December 31, 1984,12 using the 50 percent            
          of CTI method provided by section 994(a)(2) and (b), CV and CVI             
          are entitled to apportion net, rather than gross, interest                  
          expense among their respective product lines.13  If net interest            
          expense is apportioned, the combined taxable income (CTI) of CV             
          and CVI will rise, increasing the commission payable to CVI and             
          therefore the amount of income on which tax is deferred under the           
          DISC provisions.                                                            


          11                                                                          
               Our holding renders it unnecessary to address respondent's             
          determinations that, in the event CVI does not qualify as a DISC            
          during its relevant taxable years, the commission income CVI                
          received from CV for those years should be reallocated to CV                
          under sec. 482, or, in the alternative, that CVI is taxable on              
          its income for those years.                                                 
          12                                                                          
               We note that CVI’s status as a DISC is not in dispute for              
          its taxable year ending Dec. 31, 1984.                                      
          13                                                                          
               The parties agree that, in the event we hold, as we have,              
          that CVI qualifies as a DISC for its relevant taxable years, that           
          the computation of the amount of commissions payable to CVI for             
          those years and the amount of CV’s deduction for those                      
          commissions is governed by our decision in Computervision Corp.             
          v. Commissioner, 96 T.C. 652 (1991).  The parties also agree that           
          a reduction of $876,993 is necessary in the adjustment reflecting           
          our holding in Computervision Corp. v. Commissioner, supra, that            
          respondent made in CV's deduction for DISC commissions payable to           
          CVI for CVI’s taxable year ending Dec. 31, 1984.  Their agreement           
          is to be taken into account in the Rule 155 computation we order            
          below.                                                                      



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