- 14 - language of the restricted consent which did not expire until December 31, 1996. Respondent contends that the restricted consent encompasses the recalculation of the combined taxable income of petitioner's affiliated group. Respondent reaches this conclusion by noting that the restricted consent makes reference generally to section 936(h), which includes the election of the profit-split method and the calculation of the combined taxable income. Further, after a dictionary analysis, respondent argues that the word "use" in "Microsoft's use of the profit split method" (emphasis added) refers both to MS-Puerto Rico's "act" of electing the profit-split method and the "manner" in which the method is employed (i.e., the calculation of the combined taxable income). Petitioner argues that respondent fails to acknowledge the critical language in the restricted consent, namely, the "disallowance of Microsoft's use of the profit split method * * * and any transfer pricing adjustments from such disallowance". (Emphasis added.)5 Petitioner asserts that the word "disallowance" 5 Petitioner also argues that the language "the disallowance of Microsoft's use of the profit split method * * * and any transfer pricing adjustments resulting from such disallowance" must be read in the conjunctive. In this regard, petitioner contends that respondent's proposed adjustment to the combined taxable income does not relate to a transfer pricing adjustment. Respondent objects to petitioner's interpretation of the restricted consent. We do not base our ruling on petitioner's reading of the restricted consent in this respect (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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