- 45 - 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 thisPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011