Compaq Computer Corporation and Subsidiaries - Page 46




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          case.  The Court was faced with the same "prices v. profit"                 
          argument in Bausch & Lomb, Inc.  In that case, B&L Ireland, like            
          Compaq Asia, had a lower cost structure than its competitors.               
          Respondent argued in Bausch & Lomb, Inc., as he does here, that             
          B&L Ireland should have earned the same net profit margins as its           
          competitors.  This Court held:                                              
               The fact that B&L Ireland could, through its possession                
               of superior production technology, undercut the market                 
               and sell at a lower price is irrelevant.  Petitioners                  
               have shown that the $7.50 they paid for lenses was a                   
               "market price" and have thus "earned the right to be                   
               free from section 482 reallocations."  * * *  [Bausch &                
               Lomb, Inc. v. Commissioner, supra at 592-593.]                         
          The same is true in the present case.  The CUP method establishes           
          arm's-length prices for PCA's that were sold by Compaq Asia, and            
          a large profit margin does not prevent use of the CUP method.               
               In summary, respondent's position ignores the prices that              
          were paid by Compaq U.S. to unrelated subcontractors.  Instead,             
          respondent contends that Compaq Asia should earn the same net               
          profit margins, while not charging the same prices, as the                  
          comparable companies.  Because Compaq Asia costs were less than             
          the costs of comparable companies, respondent asserts that the              
          prices that were paid to Compaq Asia should be $232 million less            
          than the prices that were paid to the unrelated subcontractors              
          for comparable PCA's.  Respondent, however, is unable to identify           
          a single actual market participant that sold PCA's at only two-             
          thirds of the prevailing market price.                                      





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