Northern Indiana Public Service Company - Page 2

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                  Lawrence H. Jacobson, David C. Jensen, and Michael L. Brody,                        
            for petitioner.                                                                           
                  Elsie Hall, Reid M. Huey, and Monique I.E. van Herksen,                             
            for respondent.                                                                           


                  RUWE, Judge:  Respondent determined deficiencies in                                 
            petitioner's Federal income taxes as follows:                                             

            Year        Deficiency                                                                    
            1982        $3,785,250                                                                    
            1983         3,785,250                                                                    
            1984         3,785,250                                                                    
            1985         3,785,250                                                                    

            The sole issue for decision is whether petitioner was required,                           
            pursuant to section 1441,1 to withhold tax on amounts of interest                         
            paid to nonresident aliens.  If the answer is yes, petitioner is                          
            liable for the tax pursuant to section 1461.2                                             





            1Unless otherwise indicated, all section references are to                                
            the Internal Revenue Code in effect for the years in issue, and                           
            all Rule references are to the Tax Court Rules of Practice and                            
            Procedure.                                                                                
            2In Northern Ind. Pub. Serv. Co. v. Commissioner, 101 T.C.                                
            294 (1993), we denied petitioner's motion for partial summary                             
            judgment and held that the special 6-year period of limitations                           
            contained in sec. 6501(e)(1) applies where the income subject to                          
            withholding tax under sec. 1441 is understated by an amount in                            
            excess of 25 percent of the amount of gross income stated on Form                         
            1042.                                                                                     




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