- 22 - (3) Foreign related party transactions for which only monetary consideration is paid or received by the reporting corporation. If the related party is a foreign person, the reporting corporation must set forth on Form 5472 the dollar amounts of all reportable transactions for which monetary consideration * * * was the sole consideration paid or received during the taxable year of the reporting corporation. * * * The types of transactions described in this paragraph are: * * * * * * * (v) Consideration paid and received for technical, managerial, engineering, construction, scientific, or other services; * * * * * * * (x) Other amounts paid or received not specifically identified in this paragraph (b)(3) to the extent that such amounts are taken into account for the determination and computation of the taxable income of the reporting corporation. The above provisions defining a transaction are very broad. Indeed, petitioner does not dispute, and we hold, that it engaged in transactions with a related party for its taxable year ending April 30, 1991, when it contracted with and paid for assembly services by ASAT, Ltd. Petitioner nevertheless maintains that section 6038A is inapplicable for the reasons set forth below. Before those reasons are examined, however, a review of the statute's background is in order to provide context to an analysis of the statute and the parties' arguments. 4. Background of Section 6038A Section 6038A, as originally enacted in 1982, imposed reporting requirements on foreign controlled U.S. corporationsPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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