Union Carbide Corporation and Subsidiaries - Page 10

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          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, a               




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