ASAT, Inc. - Page 38

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          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 "was              





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