- 31 - Arm's-Length Prices In addition to proving that the deficiencies set forth in the notice are arbitrary, capricious, or unreasonable, petitioner must also prove that the prices charged by Compaq Asia were consistent with arm's-length pricing. See Seagate Tech., Inc. & Consol. Subs. v. Commissioner, 102 T.C. at 163; Eli Lilly & Co. v. Commissioner, 84 T.C. at 1131. The regulations set forth three pricing methods to determine whether there is an appropriate arm's-length price. First, if comparable uncontrolled sales exist, the regulations mandate that the CUP method be used. If there are no comparable uncontrolled sales, the resale price method must be utilized if the standards for its application are met. If the standards for the resale price method are not satisfied, either that method or the cost-plus method may be used, depending upon which method is more feasible and is more likely to result in an accurate estimate of an arm's- length price. Where none of the three methods can be reasonably applied, some other appropriate method may be used. See sec. 1.482-2A(e)(1), Income Tax Regs. Under the CUP method, the arm's-length price of a controlled sale is equal to the price paid in comparable uncontrolled sales including necessary adjustments. "Uncontrolled sales" are sales in which the seller and the buyer are not members of the same controlled group. These include sales between a member of thePage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011