110 T.C. No. 28
UNITED STATES TAX COURT
UNION CARBIDE CORPORATION AND SUBSIDIARIES, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 3501-94. Filed June 15, 1998.
P, the related supplier of UCFSC, a wholly owned
foreign sales corporation (FSC) within the meaning of
sec. 922, I.R.C., filed a motion for partial summary
judgment, arguing that P is entitled to redetermine its
FSC commission expenses for its taxable years 1987,
1988, and 1989 pursuant to sec. 925(a), I.R.C., and
regulations thereunder. R objects to P's motion and
filed a cross-motion for partial summary judgment,
arguing that P failed to claim additional FSC
commission expenses within the time prescribed by sec.
1.925(a)-1T(e)(4), Temporary Income Tax Regs., 52 Fed.
Reg. 6448 (Mar. 3, 1987).
1. Held: Respondent's cross-motion for partial
summary judgment granted and petitioner's motion for
partial summary judgment denied; sec. 1.925(a)-
1T(e)(4), Temporary Income Tax Regs., supra, requires
that the period of limitations for claiming refunds
under sec. 6511, I.R.C., be open for both petitioner
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