Compaq Computer Corporation and Subsidiaries - Page 28




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          Cir. 1991); G.D. Searle & Co. v. Commissioner, 88 T.C. 252, 358             
          (1987); Paccar, Inc. v. Commissioner, 85 T.C. 754, 787 (1985),              
          affd. 849 F.2d 393 (9th Cir. 1988).  "Whether respondent has                
          exceeded his discretion is a question of fact.  * * *  In                   
          reviewing the reasonableness of respondent's determination, the             
          Court focuses on the reasonableness of the result, not on the               
          details of the methodology used."  Sundstrand Corp. & Subs. v.              
          Commissioner, supra at 353-354; see also American Terrazzo Strip            
          Co. v. Commissioner, 56 T.C. 961, 971 (1971).  In most instances            
          where respondent abandons his notice position at trial, courts              
          conclude that allocations in the notice under section 482 are               
          arbitrary and capricious.  See, e.g., Sundstrand Corp. & Subs. v.           
          Commissioner, supra at 354-358; Perkin-Elmer Corp. & Subs. v.               
          Commissioner, T.C. Memo. 1993-414.                                          
               Petitioner contends that respondent did not present evidence           
          to support the deficiencies in the notice.  In determining the              
          notice amounts, respondent redetermined the Compaq Asia prices              
          using section 1.482-2A(e)(1)(iii), Income Tax Regs.  Accordingly,           
          respondent increased Compaq Asia manufacturing costs by an                  
          operating profit of 7.5 percent, resulting in a $232,402,000                
          income allocation with respect to Compaq Asia PCA's.  This                  
          adjustment was based on reports of respondent's staff economist,            
          Balash.  At trial, Balash did not testify as an expert, and the             
          opinion portion of his report was not admitted as expert                    





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