ASAT, Inc. - Page 23

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          and branches of foreign corporations.  The Omnibus Budget                   
          Reconciliation Act of 1989, Pub. L. 101-239, sec. 7403, 103 Stat.           
          2358, added record maintenance requirements that were broadened             
          by the Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-              
          508, sec. 11315(a), 104 Stat. 1388, to affect all open years.               
          The IRS issued final implementing regulations on June 19, 1991.             
          Sec. 1.6038A-1, Income Tax Regs., 56 Fed. Reg. 28056 (June 19,              
          1991).  Section 6038A was drafted to aid the IRS in enforcement             
          of section 482; its sponsors in the House of Representatives                
          described it as an effort to "Improve [the] enforceability of               
          section 482".  H. Rept. 101-247, at 1295 (1989).  The IRS had               
          experienced difficulties obtaining information from foreign                 
          parents of U.S. corporations.  See United States v. Toyota Motor            
          Corp., 561 F. Supp. 354 (C.D. Cal. 1983).  The noncompliance                
          penalty of section 6038A(e)(3) is among the principal enforcement           
          mechanisms of the statute.                                                  
               Section 6038A(e)(3) provides:                                          
                    (3) APPLICABLE RULES IN CASES OF NONCOMPLIANCE.--                 
               If the rules of this paragraph apply to any                            
               transaction--                                                          
                         (A) the amount of the deduction allowed under                
                    subtitle A for any amount paid or incurred by the                 
                    reporting corporation to the related party in                     
                    connection with such transaction, and                             
                         (B) the cost to the reporting corporation of                 
                    any property acquired in such transaction from the                
                    related party (or transferred by such corporation                 
                    in such transaction to the related party),                        






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