- 236 - determinable annual or periodical' United States source income that it may receive." In his letter, Mr. Bricker does not address the issue of whether LTD must file a U.S. income tax return. Similarly, Deloitte's workpapers do not address the issue of whether LTD must file a U.S. income tax return. In its workpapers for taxable years ended June 30, 1984, 1985, 1986, 1987, and 1989,36 Deloitte refers to section 8 of petitioners' permanent file to support its conclusion that petitioners have no U.S. tax liability. That section of the permanent file contained Mr. Bricker's letter to Deloitte dated December 18, 1984, and a Deloitte internal memorandum dated August 28, 1985, from R.V. Valdez to Floyde W. Burnside, Jr., and Glen I. Robinson. R.V. Valdez writes that Deloitte's tax analysis of LTD in the 1984 and 1985 financial statements is "appropriate" based on a discussion with Burnside and Robinson and Valdez's own analysis. Deloitte's financial statements for petitioners conclude that LTD "is not subject to U.S. federal or state taxes on income as it has no offices in the United States, no U.S. source income, and no income effectively connected with the conduct of a U.S. trade or business." We are not persuaded that petitioners relied upon Deloitte for advice as to whether to file a U.S. income tax return. Mr. 36 The workpapers for the audit of the taxable year ended June 30, 1988, do not mention the tax obligations of LTD.Page: Previous 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 Next
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