- 18 - close relationship of the various corporations involved. Compare Gaw v. Commissioner, T.C. Memo. 1995-531, on appeal (D.C. Cir., May 20, l996). Rather, respondent focuses her argument solely on the proposition that, since the royalties paid by SDI USA to petitioner were U.S. source income, they retained that character as part of the royalties paid by petitioner to SDI Bermuda and, as a matter of law, constitute income "received from sources within the United States by" SDI Bermuda under section 881(a).14 Respondent contends that the fact that such royalties were combined with non-U.S. source royalties received by petitioner to determine the amount of royalties payable by petitioner to SDI Bermuda does not preclude the tracing of the royalties received by petitioner from SDI USA to U.S. sources. To implement such tracing, respondent simply applies the percentage specified in the worldwide license agreement between petitioner and SDI Bermuda and utilized in computing the amount of the required payment by petitioner to SDI Bermuda. To support her contention that such an allocation is permissible, respondent cites Wodehouse v. Commissioner, 15 T.C. 799 (1950); Rohmer v. Commissioner, 14 T.C. 1467 (1950); Rohmer v. Commissioner, 5 T.C. 14 At no time has respondent contended that petitioner has failed to carry its burden of proof in respect of the factual foundations of this legal issue.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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