Xilinx Inc. and Subsidiaries - Page 31

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         payment made on a transfer of intangibles to a related foreign               
         corporation * * * be commensurate with the income attributable to            
         the intangible.”  H. Rept. 99-426 at 414 (1985), 1986-23 C.B.                
         (Vol. 2) 424.                                                                
              Respondent contends that the regulatory history, including              
         Treasury’s publication of Notice 88-123, 1988-2 C.B. 458 (the                
         White Paper), establishes that the commensurate with income                  
         standard replaced the arm’s-length standard mandated in section              
         1.482-1, Income Tax Regs.  We note that regulatory history, like             
         legislative history, is a far less accurate embodiment of intent             
         than plain language and is susceptible to a wide array of                    
         interpretations.  Nevertheless, our conclusion is consistent with            
         the White Paper and the 1992 and 1995 regulations.  Contrary to              
         respondent’s contentions, the commensurate with income standard              
         was intended to supplement and support, not supplant, the arm’s-             
         length standard.  Nothing in section 482, its accompanying                   
         regulations, or its legislative history indicates that internal              
         measures of cost and profit should be used to the exclusion of               
         the arm’s-length standard.                                                   
              The White Paper reexamined the theory and administration of             
         section 482 and concluded:                                                   
              Looking at the income related to the intangible and                     
              splitting it according to relative economic                             
              contributions is consistent with what unrelated parties                 
              do.  The general goal of the commensurate with income                   
              standard is, therefore, to ensure that each party earns                 





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