- 27 - such as Inland Steel Co. v. United States, 230 Ct. Cl. 314, 677 F.2d 72 (1982); and also by Texasgulf, Inc. v. United States, 17 Cl. Ct. 275 (1989); (2) the OMT is not creditable unless its predominant character is that of an income tax for each OMT taxpayer; and (3) for the OMT to be creditable, the processing allowance must have been intended to compensate for nonrecoverable expenses. We address each of these contentions next. 1. Extent To Which This Case Is Governed by Cases Decided Before the Regulations Were Issued and by Texasgulf, Inc. v. United States a. Preamble to the 1983 Regulations Respondent contends that the OMT is not creditable because it fails to meet standards of creditability applied in cases decided before the regulations were issued. Respondent contends that the Preamble to section 1.901-2, Income Tax Regs., shows that the regulations adopted prior case law. We disagree; the preamble does not support respondent’s broad use of the preregulation cases. The preamble to the final regulations under section 901, T.D. 7918, 1983-2 C.B., 113, 114, states in part: Under these final regulations, the predominant character of a foreign tax is that of an income tax in the U.S. sense if the foreign tax is likely to reach net gain in the normal circumstances in which it applies. This standard, found in �1.901-2(a)(3)(i), adopts the criterion for creditability set forth in Inland Steel Company v. U.S., 677 F.2d 72 (Ct. Cl. 1982), Bank of America National Trust and SavingsPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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