Xilinx Inc. and Subsidiaries - Page 30

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         regulations were ambiguous, our conclusion would not change                  
         because the legislative and regulatory history relating to                   
         section 482 supports our holding that the arm’s-length standard              
         is applicable in determining the appropriate allocation of costs             
         pursuant to section 1.482-7, Income Tax Regs.                                
              In 1986, Congress amended section 482 by adding “In the case            
         of any transfer * * * of intangible property * * * the income                
         with respect to such transfer * * * shall be commensurate with               
         the income attributable to the intangible.”  This change                     
         reflected a concern that the statute had failed to effectively               
         prevent transfer pricing abuses in controlled transactions (e.g.,            
         companies transferring intangibles to related foreign companies              
         in exchange for a “relatively low royalty [rate]” based on                   
         “industry norms for transfers of less profitable intangibles.”).             
         H. Rept. 99-426, at 424 (1985), 1986-3 C.B. (Vol. 2) 424; accord             
         Staff of Joint Comm. on Taxation, General Explanation of the Tax             
         Reform Act of 1986, at 1014-1015 (J. Comm. Print 1987); see H.               
         Rept. 99-426, supra at 424-425, 1986-3 C.B. (Vol. 2) 424-425.                
         The committee stated:                                                        
              In making this change, Congress intended to make it                     
              clear that industry norms or other unrelated party                      
              transactions do not provide a safe-harbor payment for                   
              related party intangibles transfers.                                    
         H. Rept. 99-426, at 414 (1985), 1986-23 C.B. (Vol. 2) 424.  The              
         committee concluded: “it is appropriate to require that the                  






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