- 6 - Respondent now argues that the dividend income petitioner received on her mutual fund investment does not qualify as nontaxable interest under section 871(h), and -- because it has now been determined that petitioner was not a U.S. resident -- respondent argues that the dividend income of $8,414 and $106,682 that petitioner received should be treated as taxable U.S. source income to petitioner and subject to tax at the 30-percent withholding rate applicable to taxable U.S. source income of nonresident aliens. Also, because respondent does not want to assert an increased deficiency and therefore shift the burden of proof under Rule 142(a), respondent -- on the dividend income -- asserts only the original tax deficiencies that were determined to be applicable thereto based on the tax rates applicable to U.S. residents (namely, the 20-percent backup withholding rate). Respondent's taxation of petitioner on the dividend income as a nonresident alien but at the 20-percent U.S. backup withholding rate (so as to avoid increasing the tax deficiency attributable to the dividend income) does not constitute a new issue. The assertion of a new theory which merely clarifies or develops the original determination without being inconsistent and without increasing the amount of the deficiency generally will not be treated as a new issue. Achiro v. Commissioner, supra at 890.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011