- 10 - operations through a foreign subsidiary generally does not pay Federal tax on the income from those operations until the subsidiary's income is repatriated to the domestic parent. General Dynamics Corp. & Subs. v. Commissioner, 108 T.C. 107, 116 (1997). Under the DISC provisions, Congress created intercompany pricing rules for the purpose of limiting the amount of income that the parent (related supplier) could allocate to the DISC, thus limiting the amount of tax incentive by means of income deferral. These rules provided for the price at which the related supplier was deemed to have sold its products to the DISC, regardless of whether any price was actually paid. Id. at 117. Section 994(a) provided three alternative pricing methods for DISC's. The first two methods were safe harbors, created so that taxpayers might avoid the complexities of section 482. Sec. 994(a)(1) and (2); Brown-Forman Corp. v. Commissioner, 94 T.C. 919, 926 (1990), affd. 955 F.2d 1037 (6th Cir. 1992). However, under section 994(a)(3), taxpayers could use the rules of section 482 to allocate an arm's-length profit to the DISC if those rules would allow a greater allocation of profit to the DISC than either safe harbor. Sec. 994(a)(3); Brown-Forman Corp. v. Commissioner, supra at 926. The parent corporation either sold its product to the DISC for resale in foreign markets, a buy-sell DISC, or paid a commission to the DISC for selling goods in foreign markets, aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011