Texasgulf Inc. and Subsidiaries, as Successor in Interest to Texasgulf Inc. and Subsidiaries - Page 34

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               The regulations do not provide that the processing allowance           
          must bear a predictable relationship to nonrecoverable expenses.            
          The regulations do provide that a foreign tax meets the net                 
          income requirement if (among other requirements), judged by its             
          predominant character, the tax permits the recovery of                      
          nonrecoverable expenses under a method that is likely to produce            
          an amount that approximates or is greater than the amount of the            
          nonrecoverable expenses.  Sec. 1.901-2(b)(4)(i)(B), Income Tax              
          Regs.  The effect of respondent’s position would be to exclude              
          from section 1.901-2(b)(4)(i)(B), Income Tax Regs., the words “or           
          is greater than”.                                                           
          E.   Conclusion                                                             
               We conclude that the OMT processing allowance meets the                
          requirements of section 1.901-2(b)(4)(i)(B), Income Tax Regs.,              
          and that the OMT is creditable under section 901 for the years in           
          issue.                                                                      
               To reflect the foregoing and concessions,                              

          Decision will be entered                                                    
          under Rule 155.                                                             












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