- 20 - During 1990 through 1993, 93 percent of Compaq U.S. purchases from unrelated subcontractors were from subcontractors located in the United States. Compaq U.S. had some bad experiences with unrelated subcontractors in foreign countries, and, when demand for Compaq U.S. products increased in 1992, Compaq U.S. increased its purchases from unrelated subcontractors in the United States rather than purchasing from Far East subcontractors. Respondent's Audit Determination In response to information requests during the audit, petitioner described its transfer price formula as "a cost plus formula inclusive of location savings" and stated that the comparable uncontrolled price method (the CUP method) was not applicable to petitioner's purchase of PCA's from Compaq Asia. Respondent adopted a modified cost-plus or profits-based fourth method pursuant to section 1.482-2A(e)(1)(iii), Income Tax Regs., marking up Compaq Asia manufacturing costs by an operating profit markup of 7.5 percent. This method was based on the report of respondent's staff economist, Peter Balash (Balash), and produced an aggregate price for Compaq Asia PCA's that was $232,402,000 less than the Compaq U.S. 1991 and 1992 combined return positions. Accordingly, respondent determined that the prices that Compaq U.S. paid to Compaq Asia for PCA's during 1991 andPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011