Compaq Computer Corporation and Subsidiaries - Page 31




                                       - 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 the              





Page:  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