Swallows Holding, Ltd. - Page 7

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          liable for any addition to tax determined by respondent under               
          section 6651(a).                                                            
                                  FINDINGS OF FACT                                    
               Many facts were stipulated and are found accordingly.  We              
          incorporate herein by this reference the stipulated facts and the           
          exhibits submitted therewith.                                               
          I.  Background                                                              
               Petitioner is a Barbados corporation whose mailing address             
          was in Bridgetown, Barbados, when its petition was filed with the           
          Court.  It is an accrual method taxpayer that for Federal income            
          tax purposes files a Form 1120-F, U.S. Income Tax Return of a               
          Foreign Corporation (Form 1120-F), on the basis of a fiscal year            
          ending on May 31.  Its sole activity during the subject years was           
          owning 160 acres of unimproved real estate (U.S. real estate) in            
          San Diego County, California, and receiving option and rental               
          income from the U.S. real estate.  Petitioner has never engaged             
          in a trade or business in the United States, and it does not have           
          a separate business activity in Barbados.                                   
          II.  Petitioner’s Formation and Issuance of Additional Shares               
               Raimundo Arnaiz-Rosas (Rosas) is a citizen and resident of             
          Mexico.  He acquired the U.S. real estate on December 30, 1986.             
          In June 1991, he formed petitioner as his wholly owned                      
          corporation.  He transferred the U.S. real estate to petitioner             
          on November 21, 1991.                                                       






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