- 46 - 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.Page: 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