Texasgulf Inc. and Subsidiaries, as Successor in Interest to Texasgulf Inc. and Subsidiaries - Page 2

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               tests, a foreign tax meets the net income requirement                  
               if, judged on the basis of its predominant character,                  
               the base of the tax is computed by reducing gross                      
               receipts to permit recovery of significant expenses                    
               under a method that is likely to approximate or exceed                 
               those expenses.  Sec. 1.901-2(b)(4)(i)(B), Income Tax                  
               Regs.                                                                  
                    Held:  Whether, judged by the predominant                         
               character of the OMT, the processing allowance is                      
               likely to approximate or exceed expenses related to                    
               gross receipts which are nonrecoverable under the OMT                  
               is a question of fact.  Accord Texasgulf, Inc. v.                      
               United States, 17 Cl. Ct. 275 (1989), modified per                     
               order (Apr. 16, 1992).                                                 
                    Held, further, P has proven that, judged on the                   
               basis of the predominant character of the OMT, the                     
               processing allowance is likely to approximate or exceed                
               expenses related to gross receipts which are                           
               nonrecoverable under the OMT.  Inland Steel Co. v.                     
               United States, 233 Ct. Cl. 314, 677 F.2d 72 (1982),                    
               distinguished (sec. 1.901-2, Income Tax Regs., did not                 
               apply).                                                                



               Willard B. Taylor, Richard J. Urowsky, Michael Lacovara, C.            
          Barr Flinn, Ann T. Kenny, Jared M. Rusman, and Scott L. Lessing,            
          for petitioner.                                                             
               Lewis R. Mandel, Monica E. Koch, and Christopher W. Shoen,             
          for respondent.                                                             


               COLVIN, Judge:  Respondent determined deficiencies in                  
          petitioner’s Federal income tax of $563,127 for 1979, $10,998,770           
          for 1980, and $1,794,073 for 1981.  The sole issue for decision             







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