Microsoft Corporation - Page 9

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            pertained only to the section 936 issue.  The cross-motions before                          
            us concern only the section 936 issue, and not the FSC issue.                               
                  On the same date that the restricted consents were executed,                          
            respondent issued a "30-day letter" and a revenue agent report                              
            (RAR) that followed the adjustments in the NOPA.  The RAR made no                           
            reference to the recalculation of the combined taxable income.  The                         
            RAR stated that "The Service is challenging this profit split                               
            deduction because the activities in the Puerto Rico facility do not                         
            meet the definition of manufacturing as required in IRC 954."                               
            Notices of Deficiency                                                                       
                  On May 9, 1996, respondent issued two notices of deficiency,                          
            one for petitioner's 1987, 1988, and 1989 tax years and the other                           
            for petitioner's 1991 tax year.  A notice was not issued with                               
            respect to petitioner's 1990 tax year because respondent's                                  
            adjustments left petitioner in an overpayment position for that                             
            year.  However, the 1987, 1988, and 1989 tax year deficiencies                              
            relate to excess business and foreign tax credits that arose in                             
            1990.  See sec. 6501(h).                                                                    
                  In the notice of deficiency for the 1991 tax year (the notice                         
            before us), respondent determined an $8,810,992 deficiency.  The                            
            1991  deficiency  arose,  in  part,  because  of  respondent's                              
            disallowance of petitioner's claimed combined taxable income                                
            deduction as computed under MS-Puerto Rico's election of the                                
            profit-split method.  The notice of deficiency stated:                                      





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