- 82 - Section 1.954-3(a)(4)(i), Income Tax Regs., provides the following basic general rule: Foreign base company sales income does not include income of a controlled foreign corporation derived in connection with the sale of personal property manufactured, produced, or constructed by such corporation in whole or in part from personal property which it has purchased. [Emphasis added.] The remaining language in subparagraph (4) expands on this basic general rule. Petitioners’ focus on the text of these expansions ignores the context provided by the general rule, that the property must have been manufactured or produced by the corporation that is the subject of the inquiry. Section 1.936-5(b)(6), Q&A-1, Income Tax Regs., requires in each of its alternatives, that the activity be performed “by the possessions corporation”. Respondent’s focus on this phrase ignores the fact that corporations pay persons (individuals or other entities) to actually do things, and that the regulation does not tell us whether we are to take into account for these purposes only those things done by employees or officers of the corporation that is the subject of the inquiry. Neither of the foregoing regulations explicitly allows or disallows “attribution”, even though both of these regulations require that the corporation being tested be the manufacturer or the producer. Thus, both regulations present the same question of interpretation in almost the same words. In this respect, thePage: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
Last modified: May 25, 2011