-85- 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.Page: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
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