Compaq Computer Corporation and Subsidiaries - Page 44




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          merely provide that comparable uncontrolled sales "do not include           
          sales at unrealistic prices, as for example where a member makes            
          uncontrolled sales in small quantities at a price designed to               
          justify a nonarm's-length price on a large volume of controlled             
          sales."  Sec. 1.482-2A(e)(2)(ii), Income Tax Regs.  See generally           
          Bausch & Lomb, Inc. v. Commissioner, 92 T.C. at 592.                        
               Petitioner presented substantial evidence showing that the             
          prices that Compaq U.S. actually paid to unrelated suppliers,               
          although quoted by volume, were not ultimately established by               
          volume.  Testimony on this point came from the unrelated                    
          subcontractors as well as from Compaq U.S. purchasing personnel.            
          The industry experts, Ray Prasad, Charles-Henri Mangin, and Tim             
          Faucett, similarly opined that the higher volume did not lead to            
          lower prices in this case.  The testimony was that volume had no            
          effect on price because unrelated subcontractors gave Compaq U.S.           
          their best prices in light of the Compaq U.S. market position and           
          overall level of potential business.  Compaq U.S. was big enough            
          and bought enough PCA's that it was able to demand and receive              
          the best prices regardless of volume.                                       
               Respondent also challenges petitioner's use of unrelated               
          subcontractor transactions from 1990 and 1993 in establishing an            
          arm's-length price under the CUP method.  Respondent argues that            
          using transactions with unrelated subcontractors from 1990 and              
          1993 was inappropriate and tainted the validity of the CUP.                 





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