- 4 - received on her mutual fund investment qualifies as exempt from U.S. tax. OPINION Generally, section 871(a)(1)(A) imposes a 30-percent withholding tax on certain income received by nonresident aliens from sources within the United States. Section 871(h), however, treats portfolio debt interest as nontaxable and not subject to the 30-percent withholding tax under section 871(a)(1)(A). Dividends received, however, are not eligible for this nontaxable treatment under section 871(h). Exemptions, exclusions, and other provisions treating income as nontaxable occur as a matter of legislative grace and should remain strictly construed. Helvering v. Northwest Steel Rolling Mills, Inc., 311 U.S. 46, 49 (1940); Erie Endowment v. United States, 316 F.2d 151, 153 (3d Cir. 1963). A taxpayer is entitled to an exclusion only if there is clear provision for the favorable tax treatment. Templeton v. Commissioner, 719 F.2d 1408, 1411 (7th Cir. 1983), affg. James v. Commissioner, T.C. Memo. 1982-456. Reasonable reliance on an agent may constitute a defense to penalties but not to the underlying tax liability. United States v. Boyle, 469 U.S. 241, 252 (1985). Generally, taxpayers bear the burden of proving by a preponderance of the evidence that respondent's determinationsPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011