Microsoft Corporation - Page 18




                                       - 18 -                                         
         royalty income did not arise from transactions in export property            
         (i.e., the income arose from disqualified intangibles).                      
                                       OPINION                                        
         A.  The Statutes                                                             
              In 1971, Congress enacted the domestic international sales              
         corporation (DISC) provisions (sections 991 through 997), see                
         Revenue Act of 1971, Pub. L. 92-178, sec. 501, 85 Stat. 497, 535,            
         to provide an export tax incentive to U.S. businesses and to improve         
         the country’s balance of payments, see S. Rept. 92-437, at 90                
         (1971), 1972-1 C.B. 559, 609.  The DISC provisions attempted to              
         equalize tax treatment between U.S. companies that sold goods in             
         foreign markets regardless of whether the goods were made in the             
         United States.  These provisions allowed domestic corporations to            
         defer taxes on a substantial portion of profits from export sales            
         (similar to the tax benefits available to corporations manufacturing         
         abroad through foreign subsidiaries).  See H. Rept. 92-533, at 58            
         (1971), 1972-1 C.B. 498, 529; S. Rept. 92-437, supra at 90, 1972-1           
         C.B. at 609.                                                                 
              In 1984, Congress supplemented the DISC provisions with the             
         foreign sales corporation (FSC) provisions (sections 921 through             
         927), see Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 801,           
         98 Stat. 494, 985, in order to comply with the General Agreement on          
         Tariffs and Trade, see S. Prt. 98-169 (Vol. I), at 635 (Comm. Print          
         1984).  Under the FSC provisions, a taxpayer may permanently exclude         






Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011