Microsoft Corporation - Page 8

                                                - 8 -                                                   

            assess tax against petitioner with respect to any issue. The first                          
            unrestricted consent, executed on October 7, 1994, extended the                             
            limitations period until June 30, 1995; the second unrestricted                             
            consent, executed on May 8, 1995, extended the limitations period                           
            until December 31, 1995; and the third unrestricted consent,                                
            executed on November 9, 1995, extended the limitations period until                         
            March 15, 1996.                                                                             
                  On January 11, 1996, both petitioner and MS-Puerto Rico                               
            executed restricted consents to extend the limitations period for                           
            the 1990 and 1991 tax years to December 31, 1996.  The restricted                           
            consent executed by petitioner read, in pertinent part, as follows:                         
                                       RESTRICTIVE LANGUAGE                                             
                        The amount of any deficiency assessment is to be                                
                  limited to that resulting from the following two                                      
                  potential adjustments,  including  any  consequential                                 
                  changes to other items based on such adjustments:                                     
                        (1) The Service's proposed adjustment relating to                               
                  the disallowance of Microsoft's use of the profit split                               
                  method of computing taxable income for purposes of                                    
                  section 936(h) of the Internal Revenue Code of 1986 with                              
                  respect to its transactions with Microsoft Puerto Rico                                
                  and any transfer pricing adjustments resulting from such                              
                  disallowance; and                                                                     
                        (2) The Service's proposed adjustments relating to                              
                  the taxpayer's treatment of subsidiary and OEM royalties,                             
                  respectively, as income from qualifying export property                               
                  for FSC purposes pursuant to section 927(a) of the                                    
                  Internal Revenue Code of 1986.                                                        
                  The restricted consent executed by MS-Puerto Rico contained                           
            nearly identical restrictive language to that of petitioner's, but                          






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011