- 18 - The parent corporation either sells its product to the DISC for resale in foreign markets, a buy-sell DISC, or pays a commission to the DISC for selling goods in foreign markets, a commission DISC. Brown-Forman Corp. v. Commissioner, 94 T.C. 919, 926 (1990), affd. 955 F.2d 1037 (6th Cir. 1992). The DISC in this case is a commission DISC. Although the section 994(a) pricing rules literally apply only to a buy-sell DISC, they have been adopted for commission DISC’s pursuant to statutory authority granted to the Secretary. Sec. 994(b)(1); sec. 1.994- 1(d)(2)(i), Income Tax Regs.; see sec. 925(b)(1); sec. 1.925(a)- 1T(d)(2), Temporary Income Tax Regs., 52 Fed. Reg. 6447 (Mar. 3, 1987). In the case of a commission DISC, CTI is computed using the gross receipts on the sale, lease, or rental of the property on which the commissions arose. Sec. 993(f). 2. Regulatory Requirement CTI equals the excess of the DISC's gross receipts from export sales over the total costs of the DISC and the parent that relate to the DISC's gross receipts. Sec. 1.994-1(c)(6), Income Tax Regs.; see sec. 1.925(a)-1T(c)(6)(i), Temporary Income Tax Regs., 52 Fed. Reg. 6446 (Mar. 3, 1987). Section 1.994-1(c)(6), Income Tax Regs., provides rules for determining which costs relate to export sales: In determining the gross receipts of the DISC and the total costs of the DISC and related supplier which relate to such gross receipts, the following rules shall be applied:Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011