- 203 - determined that his gain from the stock sale was $3,925,000 rather than $4,805,864. Section 1248 was intended to tax foreign accumulated income at ordinary, as opposed to capital gain, rates. Teller v. Commissioner, T.C. Memo. 1992-402. Section 1248(a) provides that gain from the sale of stock in a foreign corporation is to be treated as a dividend (to the extent of earnings and profits attributable to such stock which were accumulated while the corporation was a "controlled foreign corporation") if the stock is sold by a United States person who owned 10 percent or more of all classes of stock entitled to vote during the 5-year period ending on the date of the sale or exchange when the foreign corporation was a controlled foreign corporation. Although petitioner contends otherwise, we think the requirements necessary to invoke section 1248 are present here. For purposes of section 1248 the term "United States person" includes a U.S. citizen, section 1.1248-1(a), Income Tax Regs.; section 7701(a)(30), which petitioner has been since 1953. A "controlled foreign corporation" is any foreign corporation in which more than 50 percent of the total voting stock is owned or considered owned by a U.S. shareholder on any day during the foreign corporation's taxable year. Sec. 957(a). Diesel Power was an Iranian corporation. Petitioner acquired 100 percent of Diesel Power's stock for nothing in 1958Page: Previous 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 Next
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