- 24 - 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 'reportingPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011