108 T.C. No. 11 UNITED STATES TAX COURT ASAT, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 3173-95. Filed March 31, 1997. P, a wholly owned domestic subsidiary, purchased assembly services from its parent, a foreign corporation. During an IRS audit of P's 1991 Federal corporate income tax return, the IRS notified P that it would need to be appointed its parent's limited agent under sec. 6038A(e)(1), I.R.C. P did not obtain the authorization of agent before R issued a notice of deficiency. Consequently, pursuant to sec. 6038A(e)(3), I.R.C., which grants the Commissioner the authority to determine in her sole discretion the cost of goods sold and deductions arising out of transactions between a domestic corporation and a related foreign corporation, R determined that P's cost of goods sold should be decreased and eliminated a net operating loss (NOL) carryforward which originated from P's 1989 and 1990 tax years. In addition, R disallowed P's deduction for consulting fees paid to an unrelated domestic corporation and applied the accuracy-related penalty.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011