Albert J. Miller - Page 10

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          transfers to properly reflect income and prevent the avoidance of           
          the withholding tax.  See Central De Gas De Chihuahua, S.A. v.              
          Commissioner, 102 T.C. 515 (1994).                                          
               If the U.S. trade or business is in the form of a branch of            
          a foreign corporation, earnings and profits of the U.S. trade or            
          business that are not reinvested in that trade or business are              
          subject to the 30-percent branch profits tax.  Sec. 884; see also           
          Kuntz & Peroni, U.S. International Taxation, par. C1.05[4][a]               
          (1995).  Although the mechanism of taxing the withdrawn earnings            
          and profits under section 884 is different from the withholding             
          tax of section 881(a), the result is the same; namely, that                 
          transfer of profits to a foreign person is subject to 30-percent            
          withholding.  Section 884 was intended to provide parity between            
          foreign taxpayers doing business in the United States through               
          branches and domestic subsidiaries.  Tax Reform Act of 1986, Pub.           
          L. 99-514, sec. 1241(a), 100 Stat. 2576; Staff of Joint Comm. on            
          Taxation, General Explanation of the Tax Reform Act of 1986, at             
          1036, 1037 (J. Comm. Print 1987).                                           
               Generally, if services are performed in the United States,             
          they give rise to U.S. source income, section 861(a)(3), and                
          services performed outside the United States give rise to foreign           
          source income, section 862(a)(3).  Income from services is                  
          sourced where the services are performed, without regard to the             
          location of the payor, the residence of the taxpayer, the place             
          of contracting, or the place of payment.  Sec. 861(a)(3); Dillin            




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