GlaxoSmithKline Holdings (Americas) Inc. - Page 3




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               Glaxo disagrees with the Commissioner’s proposal to increase           
          Glaxo’s taxable income pursuant to section 482 for the years                
          under examination.  Since 1994, the applicants have attempted to            
          resolve their differences through the Advance Pricing Agreement             
          Program and through the Internal Revenue Service’s Office of                
          Appeals.                                                                    
               In December 1999, Glaxo formally requested relief from                 
          double taxation for the taxable years 1989 through 1997 under the           
          mutual agreement procedures (or so-called competent authority               
          process) provided in article 25 of the Convention for the                   
          Avoidance of Double Taxation, Dec. 31, 1975, U.S.-U.K., 31 U.S.T.           
          5668, 5688, as amended by Second Protocol, Apr. 25, 1980, 31                
          U.S.T. 5707, 5708.  The applicants anticipate that the competent            
          authority process could be protracted.                                      
               The Commissioner has not issued a notice of deficiency to              
          Glaxo for the years under examination.  Because of their                    
          commitment to the competent authority process, the applicants do            
          not anticipate that the Commissioner will issue a notice of                 
          deficiency to Glaxo in the near future.  Assuming that the                  
          Commissioner issues a notice of deficiency to Glaxo, the                    
          applicants expect that the matter will proceed to trial but not             
          until 2005 or 2006.                                                         
               The applicants seek permission to take the depositions of              
          Sir Paul Girolami (Mr. Girolami) and Sir David Jack (Mr. Jack),             






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