Union Carbide Corporation and Subsidiaries - Page 4

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          the taxable years at issue amounts intended to be the maximum                
          commission allowable on foreign trading gross receipts (FTGR)                
          derived from the sale of its export products.  Petitioner                    
          calculated UCFSC's profit each year to be the maximum profit                 
          allowable under the administrative pricing rules of section                  
          925(a) and accompanying regulations.                                         
               On its 1987, 1988, and 1989 Forms 1120, U.S. Corporation                
          Income Tax Return, petitioner reported FSC commission expenses               
          under section 925(a) in the amounts of $32,670,323, $68,033,199,             
          and $57,622,379, respectively.  For purposes of calculating those            
          expenses, petitioner used the administrative pricing rule set                
          forth in section 925(a)(2), which requires taxpayers to determine            
          the combined taxable income (CTI) of the FSC and the related                 
          supplier attributable to FTGR.  For purposes of calculating CTI,             
          petitioner allocated and apportioned operating expenses pursuant             
          to the "sales factor" allocation method under section 861 and                
          accompanying regulations.                                                    
               UCFSC filed its 1987, 1988, and 1989 Forms 1120-FSC, U.S.               
          Income Tax Return of a Foreign Sales Corporation, on September               
          15, 1988, August 22, 1989, and September 10, 1990, respectively.             
          (UCFSC is not a party in the instant case.)                                  
               Petitioner is subject to respondent's Coordinated                       
          Examination Program (CEP).  Typically, every income tax return of            
          a CEP taxpayer is surveyed or examined by respondent, usually in             
          2- or 3-year cycles.  The examination of petitioner's 1987                   




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