- 38 - gross profit spread. Therefore, petitioner argues that the determination is an abuse of discretion. 5. Application of Law to Facts Petitioner would like us to perform a section 482 analysis; such an analysis would not be appropriate. Petitioner, after failing to provide respondent with basic information about its related party transactions, argues that respondent determined an incorrect gross profit spread. Petitioner's attack on respondent's results--that respondent's gross profit spread is not as accurate as petitioner's--ignores the purpose of the statute. Section 6038A was enacted to insure that the IRS either would have timely access to the information necessary to make a complete analysis of costs between related parties or the right to make an adjustment based solely on the information that it did have. Whether the taxpayer can later justify a cost is irrelevant: Accordingly, the amounts established by the Secretary cannot be overturned by a court on the basis that they diverge from actual costs or other amounts incurred, or on the basis that they do not clearly reflect income. The fact that amounts established by the Secretary can be proven to be clearly erroneous, by reference to information or materials that were not within the Secretary's knowledge or possession, would not alone, in the conferees' view, be sufficient cause for a court to redetermine allowable amounts of deductions and the costs of goods sold. * * * [H. Conf. Rept. 101-386, at 594 (1989).] Petitioner argues that Ms. Hamilton should have accepted Mr. Borawski's opinion that the 6-percent gross profit spread "wasPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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