- 94 - Commissioner, 998 F.2d 513 (7th Cir. 1993), affg. in part and revg. in part T.C. Memo. 1991-66, affg. T.C. Memo. 1989-636, and affg. in part and revg. in part T.C. Memo. 1988-318, and Norwest Corp. v. Commissioner, T.C. Memo. 1992-282, affd. 69 F.3d 1404 (8th Cir. 1995), are inapplicable for the same reasons. Respondent's reliance on the regulations under section 901(i), and the background material of those regulations, is also misplaced. Section 901(i) was added to the Code in 1986, to codify the subsidy rules in section 1.901-2(e)(3), Income Tax Regs. See H. Conf. Rept. 99-841 (1986), 1986-3 C.B. (Vol. 4) 1, 593; S. Rept. 99-313 (1986), 1986-3 C.B. (Vol. 3) 1, 325; H. Rept. 99-426 (1985), 1986-3 C.B. (Vol. 2) 1, 352. The background material, cited by respondent, provides: Special treatment for government (or government- owned) entities also was rejected because it would create the potential for a credit to be claimed for a tax nominally paid by or on behalf of a U.S. person when the substance of the transaction with a government entity was to grant a tax holiday to the U.S. taxpayer. This is especially true in the case of a transaction with a government entity that pays taxes: where a tax holiday for the U.S. taxpayer is intended, the government entity could simply assume a tax liability that was nominally borne by the U.S. person and receive a tax credit against its own liability in the amount of the tax nominally paid on the U.S. person's behalf. * * * [T.D. 8372, 1991-2 C.B. 338.] Example (4) of section 1.901-2(e)(3)(iv), Income Tax Regs. (1991), discusses a situation very similar to the one herein, providing that a credit to a State petroleum authority for a portion of the income taxes paid by it on behalf of a U.S.Page: Previous 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Next
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