Union Carbide Corporation and Subsidiaries - Page 13

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          supra at 118; sec. 1.925(a)-1T(d)(2), Temporary Income Tax Regs.,            
          52 Fed. Reg. 6447 (Mar. 3, 1987).                                            
               The Regulation was adopted as part of a comprehensive set of            
          temporary regulations intended to "provide immediate guidance                
          necessary to FSC's and their shareholders with respect to                    
          provisions under Title VIII of the Tax Reform Act of 1984                    
          (Foreign Sales Corporations)" and is effective for taxable years             
          beginning after December 31, 1984.  T.D. 8126, 1987-1 C.B. 184,              
          191-211.  The Regulation provides as follows (bracketed numerals             
          supplied):                                                                   
                    (4) Subsequent determination of transfer price,                    
               rental income or commission.  [1]  The FSC and its                      
               related supplier would ordinarily determine under                       
               section 925 and this section the transfer price or                      
               rental payment payable by the FSC or the commission                     
               payable to the FSC for a transaction before the FSC                     
               files its return for the taxable year of the                            
               transaction.  [2]  After the FSC has filed its return,                  
               a redetermination of those amounts by the Commissioner                  
               may only be made if specifically permitted by a Code                    
               provision or regulations under the Code.  [3]  Such a                   
               redetermination would include a redetermination by                      
               reason of an adjustment under section 482 and the                       
               regulations under that section or section 861 and                       
               � 1.861-8 which affects the amounts which entered into                  
               the determination.  [4]  In addition, a redetermination                 
               may be made by the FSC and related supplier if their                    
               taxable years are still open under the statute of                       
               limitations for making claims for refund under section                  
               6511 if they determine that a different transfer                        
               pricing method or grouping of transactions may be more                  
               beneficial.  [5]  Also, the FSC and related supplier                    
               may redetermine the amount of foreign trading gross                     
               receipts and the amount of costs and expenses that are                  
               used to determine the FSC's and related supplier's                      
               profits under the transfer pricing methods.  [6]  Any                   
               redetermination shall affect both the FSC and the                       
               related supplier.  [7]  The FSC and the related                         
               supplier may not redetermine that the FSC was operating                 




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