Microsoft Corporation - Page 15

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            limits the restricted consent to the failure to qualify for the                             
            profit-split method election and that respondent's alternative                              
            adjustment (seeking the recalculation of the combined taxable                               
            income) presumes the allowance of the profit-split method in the                            
            first place.  We agree with petitioner.                                                     
                  The plain language of the restricted consent herein limits the                        
            extension of the limitations period to the proposed disallowance of                         
            the profit-split method election.  See Ferguson v. Commissioner,                            
            T.C. Memo. 1992-451. Respondent seeks a different interpretation                            
            because the restricted consent refers to the "use" of the profit-                           
            split method rather than the "election" of the profit-split method.                         
            While in some circumstances the word "use" might lead to the                                
            meaning ascribed to it by respondent, we believe that in the                                
            instant case the parties intended the word to mean "election".  Our                         
            reasons for this conclusion follow.                                                         
                  First, we consider the circumstances in which the restricted                          
            consent was executed.  Although respondent had issued six IDR's                             
            seeking information on how petitioner and MS-Puerto Rico calculated                         
            the combined taxable income, neither the NOPA (and the accompanying                         
            McDonell report) nor the 30-day letter (and the accompanying RAR)                           
            make any reference to the recalculation of the affiliated group's                           


                  5(...continued)                                                                       
            because we find other grounds for denying respondent's attempt to                           
            recalculate the combined taxable income.                                                    




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