ASAT, Inc. - Page 30

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          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.                                                                   






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