- 30 - to ASAT, Ltd., as that term is used in section 1.6038A-5(e), Income Tax Regs. In sum, we hold that section 6038A does apply to petitioner. B. Failure To Designate Agent Issue The section 6038A(e)(3) noncompliance penalty is operative in this case if petitioner did not comply with section 6038A(e)(1), which provides: (e) Enforcement of Requests for Certain Records.-- (1) Agreement to treat corporation as agent.--The rules of paragraph (3) shall apply to any transaction between the reporting corporation and any related party who is a foreign person unless such related party agrees (in such manner and at such time as the Secretary shall prescribe) to authorize the reporting corporation to act as such related party's limited agent solely for purposes of applying sections 7602, 7603, and 7604 with respect to any request by the Secretary to examine records or produce testimony related to any such transaction or with respect to any summons by the Secretary for such records or testimony. The appearance of persons or production of records by reason of the reporting corporation being such an agent shall not subject such persons or records to legal process for any purpose other than determining the correct treatment under this title of any transaction between the reporting corporation and such related party. Petitioner stipulated that it did not obtain the authorization of ASAT, Ltd., to be its agent until after the notice of deficiency was issued. Section 1.6038A-5(b), Income Tax Regs., requires that the authorization be provided to the IRS within 30 days after the IRS requests it; petitioner failed to meet the deadline.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011