- 21 - Sec. 1.901-2(b)(4), Income Tax Regs. We next consider whether it meets one of these tests. C. Whether the OMT Meets the Net Income Requirement in Section 1.901-2(b)(4)(i)(B), Income Tax Regs. Under one of the three net income tests, a 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 costs and expenses under a method that is likely to produce an amount that approximates or exceeds recovery of such significant costs or expenses. Sec. 1.901-2(b)(4)(i)(B), Income Tax Regs. Because of respondent's concessions, the OMT is creditable if it meets that test. 1. Consideration of Representative OMT Data Petitioner offered evidence intended to prove that the processing allowance is likely to approximate or exceed nonrecoverable expenses. Petitioner's evidence consisted of a broadly representative study of OMT tax returns filed from 1968 to 1980. Petitioner's study showed that the processing allowance far exceeded the nonrecoverable expenses both in the aggregate for all returns studied and for a large majority of OMT returns. 5(...continued) regulations." Isenbergh, "The Foreign Tax Credit: Royalties, Subsidies, and Creditable Taxes", 39 Tax L. Rev. 227, 272 (1984).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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