- 7 - the remaining 1,597,135,239 shares. The closing of the transaction occurred at Borden, Inc.'s, offices in New York, New York, on March 31, 1987. Petitioner sold Paty because it proved to be an unprofitable investment, principally due to price controls imposed by the Brazilian Government. With the exception of the taxable year ended February 29, 1980, Paty never generated net income for any year subsequent to MAL's acquisition of an interest in Paty. At the time of sale, Paty had a net deficit in earnings of $5,053,076. Neither petitioner nor Damca received any dividends from Paty. Damca realized a loss of $3,922,310 upon the sale of its Paty stock. Of that amount, petitioner reported only $3,772,310 as a loss due to a $150,000 error in calculating losses. On its U.S. Corporation Income Tax Return (Form 1120) for the taxable year ended February 29, 1988, petitioner reported the loss as a U.S. source loss in computing its foreign tax credit limitation. Respondent determined that the loss from the sale of the Paty stock must be sourced outside the United States. OPINION The sole issue for decision is whether the loss realized by petitioner on the sale of its Paty stock is to be sourced in the United States for purposes of determining petitioner's foreign tax credit limitation under section 904(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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