- 7 - As a nonresident of the Unites States, petitioner's dividend income received on the mutual fund investment is taxable under section 871(a)(1)(A) and normally would be taxed on the basis of the 30-percent withholding tax applicable to nonresident aliens. The dividend income that petitioner received does not qualify under section 871(h) as nontaxable U.S. source interest income received by a nonresident alien. Generally, we treat facts as they happened, not how they could or might have happened in the ideal situation for a taxpayer. See Estate of Legg v. Commissioner, 40 B.T.A. 1074, 1076 (1939), revd. and remanded on another issue 114 F.2d 760 (4th Cir 1940). In 1988 and 1989, in regard to the amounts in controversy, petitioner received dividend income, not portfolio debt interest income that would have been nontaxable under section 871(h). Petitioner failed to file a Form W-8 to notify the withholding agent of her nonresident alien status, and petitioner has not presented evidence that proved either that the deficiency determinations were incorrect or that petitioner qualifies under section 871(h) for a tax exemption on her dividend income. Petitioner's argument that she relied on the mutual fund to properly invest her $1,015,489 to ensure that she was not taxed on any income earned on her investment is not persuasive. Reasonable reliance on an agent may constitute a possible defensePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011