ASAT, Inc. - Page 24

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               shall be the amount determined by the Secretary in the                 
               Secretary's sole discretion from the Secretary's own                   
               knowledge or from such information as the Secretary may                
               obtain through testimony or otherwise.                                 
               5.   Contentions of the Parties                                        
               Petitioner contends that section 6038A does not apply                  
          because it was not 25 percent owned by a foreign corporation when           
          respondent requested the authorization of agent on November 25,             
          1992.  Petitioner further contends that Worltek, a domestic                 
          corporation, became a "successor in interest" to ASAT, Ltd., when           
          Worltek, on July 15, 1992, purchased newly issued stock from                
          petitioner and became its 95-percent shareholder.  Under section            
          1.6038A-5(e), Income Tax Regs., a "successor in interest to a               
          related party must execute the authorization of agent as                    
          described in paragraph (b) of this section."  Petitioner finally            
          contends that "Section 6038A is not operative because it was a              
          legal impossibility for Petitioner to obtain the authorization of           
          agent."  Petitioner argues that since it "exercised considerable            
          effort to obtain the authorization of agent from ASAT, Ltd., with           
          no success" and since it did not have the power to compel ASAT,             
          Ltd., to grant the authorization of agent, then it should not be            
          penalized under section 6038A(e)(3).                                        
               Respondent argues that section 6038A is applicable to                  
          petitioner, as it is undisputed that petitioner was a reporting             
          corporation during the year ending April 30, 1991.  According to            
          respondent, "the status of a corporation as a 'reporting                    





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