ASAT, Inc. - Page 16

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               Ms. Hamilton prepared a "what if" scenario showing the                 
          resulting profit attributable to petitioner for gross profit                
          spreads of 10 percent through 15 percent.  In her report on Form            
          4665, Report Transmittal, Ms. Hamilton states, "Providing a                 
          commission [gross profit spread] in the upper range insures that            
          the TP will report profits from its activities.  In no case                 
          should the commission be reduced below 10 percent.  Ten percent             
          (10%) is the lowest commission which would result in profit (See            
          What-if Scenario workpaper)."  If the gross profit spread was               
          below 10 percent there would be no tax liability.  Ms. Hamilton             
          testified that there would be no need to process the case if no             
          additional tax liability would result.                                      
               Ms. Hamilton was guided by temporary regulations under                 
          section 482 which indicated that ranges should be used, even                
          though she believed the regulations did not apply retroactively.            
               As a result of the examination and based upon the                      
          information she had, Ms. Hamilton determined that based on the              
          additional functions petitioner performed, it should receive a              
          gross profit spread above the average commission rate shown in              
          the MANA Research Bulletin for sales services alone.  For the               
          additional services and functions, Ms. Hamilton determined that             
          petitioner should be compensated an additional 5 percent above              
          the average rate of approximately 10 percent as shown in the MANA           
          materials.                                                                  






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