§925

FOLLOWED Union Carbide Corporation & Subsidiaries, Petitioner 110 T.C. No. 28 · 1998

Discussion Petitioner asks us to find overpayments of taxes for its 1987, 1988, and 1989 tax years, respectively, based on its recomputation of the commissions payable to its foreign subsidiary, UCFSC, during those years pursuant to section 925(a) and attendant regulations.

FOLLOWED General Dynamics Corporation and Subsidiaries, Petitioner 108 T.C. No. 9 · 1997

Similarly, section 925 provides three pricing methods for FSC’s: (1) 1.83 percent of foreign trading gross receipts; (2) 23 percent of combined taxable income; and (3) the arm's-length price, computed in accordance with section 482.

Celia Mazzei, Petitioner · 2018

Nothing in the Code (continued...) - 62 - carte blanche exception from the substance doctrines for all FSC transactions, the text ofsection 925 extends exceptions, specifically, to a very narrow set of circumstances, i.e., (1) commission payments, sales, etc. that are (2) related to export sales in a very clearly defined way (3) between parties that are related (under the section 482 definition ofa related party), one ofwhich is a qualifying FSC. There is no dispute that the requirements for ap

Angelo L. Mazzei & Mary E. Mazzei, Petitioners · 2018

Nothing in the Code (continued...) - 62 - carte blanche exception from the substance doctrines for all FSC transactions, the text ofsection 925 extends exceptions, specifically, to a very narrow set of circumstances, i.e., (1) commission payments, sales, etc. that are (2) related to export sales in a very clearly defined way (3) between parties that are related (under the section 482 definition ofa related party), one ofwhich is a qualifying FSC. There is no dispute that the requirements for ap

Union Carbide Corp. v. Commissioner 110 T.C. 375 · 1998

[1] The FSC and its related supplier would ordinarily determine under section 925 and this section the transfer price or rental payment payable by the FSC or the commission payable to the FSC for a transaction before the FSC files its return for the taxable year of the transaction.

General Dynamics Corp. & Subsidiaries v. Commissioner 108 T.C. 107 · 1997

Similarly, section 925 provides three pricing methods for FSC’s: (1) 1.83 percent of foreign trading gross receipts; (2) 23 percent of combined taxable income; and (3) the arm’s-length price, computed in accordance with section 482.

Microsoft Corporation, Petitioner 115 T.C. No. 17 · 2000

MS-FSC determined its commission income using section 925(a) administrative pricing rules.

Microsoft Corp. v. Commissioner 115 T.C. 228 · 2000

MS-FSC determined its commission income using section 925(a) administrative pricing rules.

United States v. Kittson · Cir.

Brown-Forman Corp. v. Commissioner 94 T.C. 919 · 1990

Bryan Range v. Attorney General United States 69 F.4th 96 · Cir.

St. Jude Medical, Inc. v. Commissioner 97 T.C. 457 · 1991

Georg Schaeffler v. United States 889 F.3d 238 · Cir.

Georg Schaeffler v. United States · Cir.

United States v. Vahan Kelerchian 937 F.3d 895 · Cir.

United States v. Vahan Kelerchian · Cir.

Lisa Folajtar v. Attorney General USA 980 F.3d 897 · Cir.

Celia Mazzei v. Cir · Cir.

United States v. Colasuonno 697 F.3d 164 · Cir.

Proctor & Gamble Co. v. United States 376 F. App'x 468 · Cir.

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