Microsoft Corporation - Page 6

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                  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 method                             





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