- 8 - contractors in contracts that were more than 1 year in duration. The decision as to what portion of the overall contract would be performed in the United States was always made after the end of the first year of the limited partnership. A-Alpha treated the cash paid in the year of the contract as a deposit with it, to be paid later for services to be performed by others. Petitioner expected that both A-Alpha and ESC would make a profit from their respective activities. In fact, they did not. Discussion Respondent has asserted that the limited partnerships' payments to A-Alpha for research and development are subject to the 30-percent withholding tax under section 881(a), and that petitioner, as general partner of the limited partnerships, is a withholding agent for purposes of section 1442, and personally liable under section 1461. Because we conclude that the payments by the limited partnerships are not subject to the 30-percent withholding tax of section 881(a), we do not address whether petitioner was a withholding agent. There are two taxing regimes that can apply to a foreign taxpayer. First, where a foreign corporation8 is engaged in a U.S. trade or business, its effectively connected income from that trade or business (ECI) is subject to taxation on a net 8 Although we refer to foreign corporations, we note that there are similar provisions which apply to nonresident alien individuals. See secs. 871-879, 1441.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011