- 34 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
Last modified: May 25, 2011