Texasgulf Inc. and Subsidiaries, as Successor in Interest to Texasgulf Inc. and Subsidiaries - Page 17

                                       - 17 -                                         

               � 1.901-2.  Income, war profits, or excess profits tax                 
               paid or accrued.--(a)  Definition of income, war                       
               profits, or excess profits tax--(1) In general.  * * *                 
               Whether a foreign levy is an income tax is determined                  
               independently for each separate foreign levy.  A                       
               foreign levy is an income tax if and only if--                         
                         (i)  It is a tax; and                                        
                         (ii) the predominant character of that tax is                
                         that of an income tax in the U.S. sense.                     
                    Except to the extent otherwise provided in                        
                    paragraphs (a)(3)(ii) and (c) of this section, a                  
                    tax either is or is not an income tax, in its                     
                    entirety, for all persons subject to the tax.                     
                    * * *                                                             
          Sec. 1.901-2(a)(1), Income Tax Regs.                                        
               Respondent concedes that the OMT is a tax under section                
          1.901-2(a)(2)(i), Income Tax Regs.  However, the parties dispute            
          whether the "predominant character of the tax is that of an                 
          income tax in the U.S. sense."  The regulations describe that               
          requirement as follows:                                                     
                    (3)  Predominant character.  The predominant                      
               character of a foreign tax is that of an income tax in                 
               the U.S. sense--                                                       
                         (i)  If, within the meaning of paragraph                     
               (b)(1) of this section, the foreign tax is likely to                   
               reach net gain in the normal circumstances in which it                 
               applies * * *                                                          
          Sec. 1.901-2(a)(3), Income Tax Regs.                                        
               Thus, for a tax to be creditable under the regulations, it             
          must be likely to reach net gain in the normal circumstances in             








Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011