- 68 - attribution of profits based on a hypothetical situation different from the facts that actually occurred. Paragraph 13 of the above-quoted Commentaries does not contradict paragraph 10. It simply states that profits "attributed" should be based on the establishment's accounts to the extent they represent real facts. The profits "allocated" and "attributed" pursuant to section 842(b) are based on the real facts regarding the amount of insurance coverage sold by petitioner's U.S. insurance business. The volume of petitioner's U.S. business is reflected by its actual liabilities on policies issued by the U.S. branch. The amount of assets that would have been expected to be held by a separate U.S. entity with those actual liabilities and the expected profits on the assets of such a separate entity are hypothetical. However, to require total acceptance of all figures reported in petitioner's records reflecting its profits on U.S. operations carried out as a branch of a foreign corporation would not only nullify section 842(b) but also nullify the allocation procedure specifically permitted in article VII, paragraph (2).1 1Sec. 842(b) does not contravene the admonition in par. 11 of the Model Commentary that tax administrators should not "construct hypothetical profit figures in vacuo." Sec. 842(b) starts with the taxpayer's real facts regarding the amount of insurance liabilities it incurred selling insurance in the United States and then makes adjustments based on comparable domestic companies.Page: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
Last modified: May 25, 2011