- 2 - 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 decisionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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