- 44 - 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.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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