J.J. Zand - Page 124

                                        - 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 1958            





Page:  Previous  193  194  195  196  197  198  199  200  201  202  203  204  205  206  207  208  209  210  211  212  Next

Last modified: May 25, 2011