Union Carbide Corporation and Subsidiaries - Page 9

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               For the purpose of petitioner's motion and respondent's                 
          cross-motion, the parties agree that there are no genuine issues             
          of material fact in dispute and that the matter before us is ripe            
          for summary judgment.  Rule 121(b); Exxon Corp. v. Commissioner,             
          102 T.C. 721, 725 (1994); Intel Corp. & Consol. Subs. v.                     
          Commissioner, 100 T.C. 616, 619 (1993), affd. 67 F.3d 1445 (9th              
          Cir. 1995).  If we grant petitioner's motion, further proceedings            
          to determine the amounts of additional FSC commission expenses to            
          which petitioner is entitled will be required.  If, on the other             
          hand, we grant respondent's cross-motion, no further proceedings             
          concerning this issue will be necessary.                                     
               In deciding the matter before us, we first find it useful to            
          synopsize the statutory and regulatory framework and history                 
          pertaining to FSC's and their statutory predecessors, domestic               
          international sales corporations (DISC's).                                   
               Congress enacted the DISC provisions in 1971 as a tax                   
          incentive to encourage and increase exports.  Revenue Act of                 
          1971, Pub. L. 92-178, sec. 501, 85 Stat. 497, 535.  The DISC                 
          provisions are set forth in sections 991 through 997.  Those                 
          sections allowed domestic corporations to defer taxes on a                   
          significant portion of profits from export sales similar to the              
          tax benefits available to corporations manufacturing abroad                  
          through foreign subsidiaries.  H. Rept. 92-533, at 58-59 (1971),             
          1972-1 C.B. 498, 529; S. Rept. 92-437, at 90-91 (1971), 1972-1               
          C.B. 559, 609.  A domestic corporation that conducts its foreign             




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