Consolidated Manufacturing, Inc., M. P. Long Living Trust, Merl Philip Long, Trustee, Tax Matters Person - Page 85

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          facts and circumstances", section 1.471-4(b), Income Tax Regs.,             
          and not section 1.471-4(a), Income Tax Regs., applies in                    
          determining the market for Consolidated's customer cores for                
          purposes of section 471.  In support of that contention,                    
          petitioner asserts that, unlike the manner in which prices are              
          set under normal market conditions with numerous buyers and                 
          sellers operating at arm's length to achieve for themselves the             
          best economic bargain possible, Consolidated intentionally set              
          the core amounts, and consequently the customer core purchase               
          offer amounts and the core credit amounts, at amounts greater               
          than the core supplier amounts that it was paying its core                  
          suppliers to purchase core supplier cores which had core supplier           
          guarantees and were of higher quality than customer cores of the            
          same types.29  As we understand it, petitioner also contends that           
          section 1.471-4(b), Income Tax Regs., and not section 1.471-4(a),           
          Income Tax Regs., applies because Consolidated did not purchase             
          customer cores in an open market.                                           
               Respondent contends that the market for Consolidated's                 
          customer cores for purposes of section 471 is determined under              
          section 1.471-4(a), Income Tax Regs.  Respondent further asserts            


               29  We are not persuaded on the record before us that Bishop           
          Engine and other core suppliers would not have increased their              
          prices (i.e., the core supplier amounts) for core supplier cores            
          in the event that Consolidated and/or other automobile parts                
          remanufacturers had decided to fill more of their respective core           
          inventory requirements from those core suppliers, rather than               
          from those remanufacturers' customers.                                      




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