Compaq Computer Corporation and Subsidiaries - Page 45




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               Using comparable transactions from years prior to the                  
          taxable years in issue is common in section 482 cases.  See                 
          Sundstrand Corp. & Subs. v. Commissioner, 96 T.C. at 272-276,               
          305-309, 375-377, 392-395 (using comparable transactions from up            
          to 20 prior years); Bausch & Lomb, Inc. v. Commissioner, supra at           
          587, 593 (using comparable sales from prior years); Ciba-Geigy              
          Corp. v. Commissioner, 85 T.C. 172, 215-216, 224 (1985) (using              
          comparable transactions from up to 12 years prior to the years in           
          issue).                                                                     
               The transactions from 1990 and 1993 identified and used by             
          petitioner did not significantly impact the conclusions of the              
          CUP method.  During 1990 to 1993, the prices that were paid to              
          the unrelated subcontractors averaged 93.1 percent of the Compaq            
          U.S. standard cost.  During 1990 to 1992, the arm's-length prices           
          that were paid to the unrelated subcontractors averaged                     
          93.9 percent of the Compaq U.S. standard cost, and, during 1991             
          to 1992, the arm's-length price that was paid to the PCA                    
          subcontractors averaged 92.2 percent of the Compaq U.S. standard            
          cost.  Thus, to the extent that uncontrolled PCA prices changed             
          over time, the Compaq U.S. standard costs moved with the                    
          uncontrolled prices.                                                        
               Ultimately, respondent argues that, because the CUP method             
          cannot be applied, a profits-based fourth method is the                     
          appropriate method of determining arm's-length prices in this               





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