- 6 - MS-Puerto Rico reported a 1991 combined taxable income of $102,551,316 attributable to the covered sales of diskettes manufactured in Puerto Rico to unrelated third parties and foreign affiliates. After applying the profit-split method, MS-Puerto Rico reported its 1991 taxable income to be $51,275,658. As a consequence of MS-Puerto Rico's profit-split method election and computation of the combined taxable income, petitioner reported $102,551,316 as combined taxable income and claimed a $51,275,658 combined taxable income deduction on its 1991 consolidated Federal corporate income tax return. Examination of Petitioner Respondent conducted an examination of petitioner's 1990 and 1991 Federal corporate income tax returns which lasted more than 3 years. During this audit, respondent issued information document requests (IDR's). Approximately 30 of these IDR's sought information pertaining to MS-Puerto Rico's software duplication operations and the prices charged to petitioner by uncontrolled software duplicators. Another six IDR's requested information pertaining to how MS-Puerto Rico calculated the combined taxable income for purposes of applying the profit-split method. On August 29, 1995, respondent issued Form 5701, Notice of Proposed Adjustment (NOPA), which proposed to disallow MS-Puerto Rico's election of the profit-split method. The NOPA indicated that MS-Puerto Rico did not qualify for the profit-split methodPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011